Legal Opinion

People v. Lupo

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

Decided January 13, 1992PublishedCited by 2 opinions

1Opinion of the Court

*684The credible evidence established that the defendant was informed of his right to appear before the Grand Jury and waived that right. Accordingly, the court properly denied the defendant’s late request to testify before the Grand Jury.

In addition, the court properly concluded that the complainant, who stood face to face with her assailant in broad daylight and was able to describe him to the police in some detail, had a source to identify the defendant independent of a tainted showup identification (Gilbert v California, 388 US 263, 272; People v Ballott, 20 NY2d 600, 606-607; People v…

2Cases cited14 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. SatterfieldNew York Court of Appeals · 1985
  5. People v. BallottNew York Court of Appeals · 1967

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3Cited by2 opinions

  1. People v. LupoAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1994

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