The People of the State of New York v. Anthony Wharton

Summary

The Court of Appeals affirmed the Appellate Division's order denying a pretrial Wade hearing on the suggestiveness of an undercover police officer's station‑house identification of the defendant. The majority held that the officer's observation was not per se suggestive and that no categorical rule exempts such police identifications from Wade review, yet affirmed the denial in this case. The dissent argued that a Wade hearing was required.