New York Court of Appeals
The People of the State of New York, Respondent v. Jose Abrew, Appellant
June 8, 200095 N.Y.2d 806
Summary
The Court of Appeals affirmed the Appellate Division’s order, holding that the trial court did not abuse its discretion in denying the defendant’s request to call the complainant at the Wade hearing, that the defendant could not rely on trial testimony to revive that issue, and that the first‑degree assault conviction was not an inclusory concurrent count with the first‑degree robbery conviction. The decision rested on the lack of a constitutional question regarding lineup suggestiveness and on the statutory elements of the offenses.