Legal Opinion

People v. Siplin

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1986PublishedCited by 3 opinions

1Opinion of the Court

— Judgment unanimously affirmed.

Memorandum: Regardless of whether the police procedures were unduly suggestive, as defendant argues, we make our own findings, based on the victim’s testimony at the Wade hearing, that there was clear and convincing evidence of an independent basis for her in-court identification of defendant (see, People v Hall, 81 AD2d 644). The victim spent 2 V% daylight hours with defendant and his face was visible. The victim gave a complete physical description of defendant to the police. We find this sufficient to constitute an independent basis (see, People v Thompson,…

2Cases cited2 opinions

  1. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. HallAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by3 opinions

  1. People v. GriffinAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. MikelAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. DufresneAppellate Division of the Supreme Court of the State of New York · 1987

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