Legal Opinion

People v. Hernandez

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 1990PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Eiber, J.

As a general proposition, the testimony of third parties recounting a witness’s prior identification is inadmissible to establish the identity of the defendant as the perpetrator of the crime (see, People v Trowbridge, 305 NY 471). An exception to this rule is codified in CPL 60.25. Under this statute, a third party who was present at a prior identification is permitted to testify that the defendant was the person previously identified, if certain conditions are met, to wit, (1) the witness must have observed the defendant "at the time and place of the commission…

2Cases cited17 opinions

  1. People v. TrowbridgeNew York Court of Appeals · 1953
  2. People v. CwiklaNew York Court of Appeals · 1979
  3. People v. NivalNew York Court of Appeals · 1974
  4. People v. BayronNew York Court of Appeals · 1985
  5. People v. GonzalezNew York Court of Appeals · 1979

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. People v. RussellAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. RoscherAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1990

19 more not listed; retrieve them via the Exa API.

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