People v. McBride
Opinion of the Court
— Judgment, Supreme Court, Bronx County (John Collins, J.), rendered November 13, 1990, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the second degree and imposing concurrent prison terms of IV2 to 4Vi years, unanimously affirmed.
Contrary to defendant’s contention, the complaining witness’ out-of-court identification from his bed at the hospital emergency room, some 2 Vi hours after he was shot in the
Additionally, the hearing court properly exercised its discretion in denying defendant’s request to compel the identifying victim to testify at the Wade hearing (People v Chipp, 75 NY2d 327, cert denied 498 US 833).
We have reviewed defendant’s remaining contentions and find they do not warrant reversal in these circumstances. Concur — -Sullivan, J. P., Rosenberger, Wallach, Ross and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.