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People v Logu, 2023 NY Slip Op 05667 [221 AD3d 434]

November 9, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Dennis Logu, Appellant.

Twyla Carter, The Legal Aid Society, New York (Aviva Galpert of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Conor Byrnes of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered October 26, 2016, convicting defendant, upon his plea of guilty, of three counts of burglary in the second degree, and sentencing him to concurrent terms of five years, unanimously affirmed.

The court properly summarily denied defendant’s motion to suppress identification testimony. The witness’s identification of defendant’s clothing was not a corporeal identification subject to due process protections that required a Wade hearing ( see CPL 710.30 [1] [b]; People v Anderson , 218 AD2d 533, 534 [1st Dept 1995], lv denied 87 NY2d 844 [1995]; People v Goodwin , 209 AD2d 228, 229 [1st Dept 1994], lv denied 85 NY2d 862 [1995]). Concur—Webber, J.P., Friedman, González, Kennedy, O’Neill Levy, JJ..