People v. Washington
Opinion of the Court
Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered October 29, 1981, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, without a hearing (McMahon, J.), of defendant’s motion to suppress identification testimony.
Judgment affirmed.
Defendant contends that his application to suppress identification testimony should not have been denied without a Wade hearing. However, his supporting papers failed to allege any facts in support of the motion, and, thus, summary denial was proper (CPL 710.60, subds 1, 3, par [b]; People v Wicker, 72 AD2d 611; People v Roberto H., 67 AD2d 549). Defendant further
We have examined defendant’s remaining contention and find it to be without merit. O’Connor, J. P., Brown, Lawrence and Eiber, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.