People v. Concepcion
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*405The court properly denied defendant’s suppression motion. Under the particular circumstances, the single-photo showup conducted at a police station did not create a substantial likelihood of irreparable misidentification. Even assuming, without deciding, that this procedure was inappropriate under People v Riley (70 NY2d 523 [1987]) because of its location, notwithstanding the fact that it occurred approximately an hour after the crime, we nevertheless conclude that it was confirmatory of an untainted identification the victims had already made (see e.g. People v Gilbert, 295 AD2d 275 [2002],…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by2 opinions
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2017
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2024