People v. Herrera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered August 13, 2012, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification evidence.
Ordered that the judgment is affirmed.
We agree with the Supreme Court that a lineup identification procedure conducted with an eyewitness to the subject incident was not unduly suggestive (see People v Choi, 137 AD3d 808 [2016]; People v…
2Cases cited10 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BaldiNew York Court of Appeals · 1981
- People v. RomeroNew York Court of Appeals · 2006
- People v. BeneventoNew York Court of Appeals · 1998
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3Cited by3 opinions
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2020
- Herrera v. LaMannaDistrict Court, E.D. New York · 2021
- People v. MoreiraAppellate Division of the Supreme Court of the State of New York · 2019