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People v. Dominguez

207 A.D.2d 715 Court N.Y. App. Div. Decision date 1994-09-20 English

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p. 715
The People of the State of New York, Respondent, v Carlos Dominguez, Appellant.
[616 NYS2d 502]

—Judgment, Supreme Court, New York County (Joan Carey, J., on Wade motion; Franklin Weissberg, J., at plea and sentence), rendered March 30, 1993, convicting defendant, upon a guilty plea, of manslaughter in the first degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.

The court did not err in summarily denying defendant’s motion for a Wade hearing. When a defendant’s identity is not in issue, " ' "suggestiveness” is not a concern’ ” and there is no need for a hearing (People v Rodriguez, 79 NY2d 445 , 449, quoting People v Gissendanner, 48 NY2d 543 , 552). Because the defendant did not contest that the witness was his friend, summary denial here was proper. In the circumstances presented, we decline to disturb the negotiated sentence (see, People v Brito, 154 AD2d 293 ). Concur—Sullivan, J. P., Carro, Nardelli, Williams and Tom, JJ.

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