Legal Opinion
People v. Boyer
New York Court of Appeals
Decided March 28, 2006PublishedCited by 62 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The People ask us to extend the “confirmatory identification” exception derived from People v Wharton (74 NY2d 921 [1989]) to situations where a police officer’s initial encounter with a suspect and subsequent identification of that suspect are temporally related, such that the two might be considered part of a single police procedure. To do so, however, would run afoul of CPL 710.30. Moreover, such an exception would eliminate the protections offered by a Wade hearing even when the initial police viewing—albeit part of a single police procedure—was…
2Cases cited5 opinions
- People v. RodriguezNew York Court of Appeals · 1992
- People v. WhartonNew York Court of Appeals · 1989
- People v. NewballNew York Court of Appeals · 1990
- People v. GordonNew York Court of Appeals · 1990
- People v. MatoNew York Court of Appeals · 1994
3Cited by62 opinions
- People v. BooneCourt for the Trial of Impeachments and Correction of Errors · 2017
- The People v. Kaity MarshallNew York Court of Appeals · 2015
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CasanovaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2017
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