People v. Grimes
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 County Court erred in denying his motion to suppress the victim’s identification of defendant. Contrary to defendant’s contention, the photo array was not unduly suggestive (see, People v Turman, 275 AD2d 901, lv denied 95 NY2d 970). The subjects in the array were of similar age and appearance (see, People v Owens, 275 AD2d 905, lv denied 95 NY2d 937), and “the viewer’s attention is not drawn to defendant’s photo in such a way as to indicate that the police were urging a particular selection” (People v…
2Cases cited14 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. WestNew York Court of Appeals · 1982
- People v. ThomasNew York Court of Appeals · 1980
- Matter of GraeNew York Court of Appeals · 1940
- People v. RogersAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by6 opinions
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2002
- People v. SpirlesAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2002
- DEKENIPP, RICHARD A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- SWANK, STEVEN M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
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