People State New York v. Edwin Wesley Huggler

[50 A.D.2d 471 Page 472] On March 14, 1974, at 9:15 p.m., a man entered Dutch's Bar in Rock Hill, Sullivan County, New York, and announced this is a stick-up. He pointed a gun at the barmaid and ordered her to give him all the money in the cash register. Upon her compliance, he fled. He was in the bar for about five minutes during which time the bar was also occupied by the barmaid and three other persons. Approximately one hour later, the defendant was brought to the scene of the crime in handcuffs and accompanied by police officers. All four witnesses then identified the defendant as the perpetrator. Defendant was permitted to waive his appearance at the first Wade hearing, during which the prosecution called one of the witnesses, but his application to waive a personal appearance at a second hearing, held to elicit testimony from the three remaining prosecution witnesses, was denied. After defendant's application to suppress the identification testimony of all four witnesses was denied, he entered a plea to robbery in the second degree. Defendant raises two substantial issues on this appeal: (1) the trial court erred in denying the motion to suppress the identification testimony and, (2) the trial court erred in refusing to allow him to waive his appearance at the continuation of the Wade hearing.