Legal Opinion
People v. Delgado
New York Supreme Court
Decided June 29, 1984PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Kristin Booth Glen, J.
This case involves a question left open by the Court of Appeals in People v Love (57 NY2d 1023), to wit, whether a showup may be justified as “necessary” when the suspect has already been identified by a police officer who was her/himself a witness to the crime. (Supra, at p 1024.) For the reasons discussed below, I hold that it may not.
FACTS
Briefly summarized, the relevant facts are as follows: On September 9, 1983, having been summoned by José Alvarez, a passerby who said he had just witnessed a robbery in progress, Police Officer Freddie Roman…
2Cases cited19 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Neil v. BiggersSupreme Court of the United States · 1972
- Stovall v. DennoSupreme Court of the United States · 1967
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- People v. AdamsNew York Court of Appeals · 1981
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3Cited by3 opinions
- Slaton v. StateIndiana Supreme Court · 1987
- In re Charles W.New York City Family Court · 1984
- Slaton v. StateIndiana Supreme Court · 1987