New York Court of Appeals
The People of the State of New York, Respondent v. John Boyer, Appellant
March 28, 20066 N.Y.3d 427
Summary
The New York Court of Appeals reversed the Appellate Division, holding that Officer Cremin's identification was not a "confirmatory identification" exempt from CPL 710.30 notice and a Wade hearing, and therefore granted the defendant's motion to preclude the identification testimony and ordered a new trial. Justice R.S. Smith dissented, arguing that a Wade hearing was unnecessary in such circumstances.