People v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress identification evidence. Successive photo arrays are not per se impermissibly *1033suggestive (see People v Dunlap, 9 AD3d 434, 435 [2004]; People v Galletti, 239 AD2d 598, 599 [1997]; People v Daniels, 202 AD2d 987 [1994]; People v Thomas, 133 AD2d 867, 868 [1987]; People v Sheirod, 124 AD2d 14, 18 [1987]). Further, the participants in the photo array were sufficiently similar to the defendant in appearance so that there was little likelihood that the defendant would be singled out for…
2Cases cited21 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. RomeroNew York Court of Appeals · 2006
- People v. HawkinsNew York Court of Appeals · 2008
- People v. ChippNew York Court of Appeals · 1990
- People v. SheirodAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by17 opinions
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- People v. StarksAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BurroughsAppellate Division of the Supreme Court of the State of New York · 2012
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