People v. Ruffino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
Although a motion to suppress identification testimony made pursuant to CPL article 710 is the exclusive method of challenging the admissibility of such evidence (CPL 710.70 [3]), a defendant is also entitled to have the jury consider the fairness of pretrial identification procedures in determining whether *199testimony identifying him as the perpetrator of a crime is sufficient to establish guilt beyond a reasonable doubt. In this case, after the suppression court had determined that a pretrial lineup had not been unduly suggestive, the trial court struck certain…
2Cases cited8 opinions
- United States v. WadeSupreme Court of the United States · 1967
- People v. CrimminsNew York Court of Appeals · 1975
- People v. HuntleyNew York Court of Appeals · 1965
- People v. WhalenNew York Court of Appeals · 1983
- People v. AdamsNew York Court of Appeals · 1981
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3Cited by30 opinions
- People v. BooneCourt for the Trial of Impeachments and Correction of Errors · 2017
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CasianoAppellate Division of the Supreme Court of the State of New York · 1986
- People v. WattsAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WedgeworthAppellate Division of the Supreme Court of the State of New York · 1989
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