People v. Donegan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that Supreme Court abused its discretion in refusing to permit defendant to cross-examine the officer at the Wade hearing with respect to the circumstances of the crime and the eyewitness’s opportunity to view defendant. Defendant consented to a bifurcated hearing to determine initially whether the identification procedure was impermissibly suggestive, and the cross-examination sought by defendant concerned the issue of independent source (see, People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833). We…
2Cases cited3 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1998
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1999