Legal Opinion

People v. Marshall

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

Decided July 25, 2012Published

1Opinion of the Court

On July 15, 2008, at about 9:30 p.m., Abdul Salan Zakari, Tete Eteh Benissan, Abdoulaye Zibo, and the victim, A1 Moustapha Oumaria, were sitting on a stoop on Albany Avenue in Brooklyn, drinking and smoking cigarettes. They were suddenly approached by a thin, dark-skinned man, dressed in a white shirt, dark jeans, and dark hat. Neither Benissan nor Zibo had ever seen the man before. The man started firing a gun. Oumaria was shot and killed.

Once the defendant became a suspect, a detective composed a photo array using the New York City Photo Management Database. Benissan viewed the photo array…

2Cases cited10 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. RomeroNew York Court of Appeals · 2006
  3. People v. HawkinsNew York Court of Appeals · 2008
  4. People v. WestNew York Court of Appeals · 1982
  5. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 2003

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