People v. Alexander
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The court acted properly in summarily denying the motions to suppress identification testimony (People v Allweiss, 48 NY2d 40, 49; People v Roberto H., 67 AD2d 549). Ordinarily, there is no constitutional right to an identification hearing outside the presence of the jury (Watkins v Sowders, 449 US 341) and by statute a hearing is required only where the papers contain “sworn allegations of fact” supporting the grounds of the motion. The allegations may be based upon personal knowledge, or upon information and belief if the sources of information…
2Cases cited3 opinions
- People v. AllweissNew York Court of Appeals · 1979
- Watkins v. SowdersSupreme Court of the United States · 1981
- People v. Roberto H.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by12 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1984
- People v. Roth, New York County Courts1985
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 1986
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LoftonAppellate Division of the Supreme Court of the State of New York · 1987
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