Legal Opinion

People v. Dickerson

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

Decided March 30, 1979PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Lupiano, J.

While the dissent’s narration of the facts is accurate and adopted herein, it is not complete insofar as resolution of the critical issue of identification is concerned. Mr. Colon, the complainant, testified at the Wade hearing that upon being permitted to leave his car and walking a few feet past its rear, *123he turned around and observed defendant in the back seat looking at him. Defendant was observed by Mr. Colon to attempt to pull his hat down over his face, which action (common sense dictates) was a response generated by defendant’s awareness that Mr. Colon…

2Cases cited5 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Manson v. BrathwaiteSupreme Court of the United States · 1977
  4. People v. . TaylorNew York Court of Appeals · 1893
  5. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by9 opinions

  1. People v. ChippNew York Court of Appeals · 1990
  2. David Dickerson v. Walter FoggCourt of Appeals for the Second Circuit · 1982
  3. People v. WilsonNew York Court of Appeals · 1984
  4. Dickerson v. FoggDistrict Court, S.D. New York · 1981
  5. David Dickerson v. Walter FoggCourt of Appeals for the Second Circuit · 1982

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