People v. Tobias
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress the showup identification of defendant by the victim’s wife. Defendant was apprehended in a vehicle that the police observed speeding from the crime scene, and the police conducted the showup at the crime scene approximately 20 minutes later. Although defendant was identified while wearing handcuffs, the evidence supports the determination of the suppression court that the identification procedure was not unduly suggestive (see, People v Sanabria, 266 AD2d 41, lv denied 94 NY2d 884; see…
2Cases cited10 opinions
- People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BakerAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ChaseAppellate Division of the Supreme Court of the State of New York · 1999
- People v. SanabriaAppellate Division of the Supreme Court of the State of New York · 1999
- People v. StantonAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by16 opinions
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 2007
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2003
- People v. SpinaAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HowingtonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. HuntAppellate Division of the Supreme Court of the State of New York · 2000
11 more not listed; retrieve them via the Exa API.