People v. Howard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from
a judgment, following a nonjury trial, convicting him of one count of murder in the second degree. We conclude that the pretrial photo array identification was not unduly suggestive. Even if the array were suggestive, there was a sufficient independent basis for the witness’s in-court identification of defendant (see, People v Callace, 143 AD2d 1027, lv denied 73 NY2d 889). Although the identification testimony was bolstered, that error is harmless in light of the otherwise overwhelming evidence of guilt and the strong and…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. RosarioNew York Court of Appeals · 1961
- People v. JohnsonNew York Court of Appeals · 1982
- People v. FlynnNew York Court of Appeals · 1992
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by8 opinions
- People v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1997
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1995
- People v. GilbertAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 1997
- Howard v. PierceDistrict Court, W.D. New York · 1997
3 more not listed; retrieve them via the Exa API.