Legal Opinion

People v. Brisco

New York Court of Appeals

Decided February 20, 2003PublishedCited by 150 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*597The sole issue on this appeal is whether the crime scene showup identification of defendant was unduly suggestive when defendant, who was wearing tan shorts and no shirt, was asked to hold a pair of maroon shorts. The maroon shorts belonged to defendant, were found at the house where he was located, and matched the identifying victim’s prior description of the clothing worn by the perpetrator.

We have allowed showup identifications, in the absence of exigent circumstances, where the showup was reasonable…

2Cases cited2 opinions

  1. People v. OrtizNew York Court of Appeals · 1997
  2. People v. JohnsonNew York Court of Appeals · 1993

3Cited by150 opinions

  1. Brisco v. ErcoleCourt of Appeals for the Second Circuit · 2009
  2. People v. HowardNew York Court of Appeals · 2013
  3. People v. GatlingAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. MaisAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2008

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