In re Charles B.
Appellate Division of the Supreme Court of the State of New York
1Concurrence
Gibbons, J.,
concurs insofar as the majority has reversed the order, but otherwise dissents and votes to remit the proceeding to the Family Court for a new hearing, with the following memorandum: Although I share the view of Justice Gulotta that testimony of any peculiar or distinguishing characteristics such as similarity of general appearance, size, voice, features and coloration of clothing by a witness, who observed the alleged offender in close proximity to the scene of the crime and shortly thereafter, may provide competent evidence of identification for evaluation by the fact finder…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re WINSHIPSupreme Court of the United States · 1970
- People v. CrimminsNew York Court of Appeals · 1975
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Ivan v. v. City of New YorkSupreme Court of the United States · 1972
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