Legal Opinion

People v. Ralston

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

Decided February 2, 1996Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: From our review of the record, we conclude that there is no evidence to support defendant’s contention that the photographic identification procedures were impermissibly suggestive (see, People v Byrd, 183 AD2d 773, lv denied 80 NY2d 902). Furthermore, the record at the Wade hearing establishes that each of the victims had an independent source for an in-court identification (see, People v Ballott, 20 NY2d 600, 606-607). (Appeal from Judgment of Supreme Court, Erie County, Rath, Jr., J. — Scheme to Defraud, 2nd Degree.) Present — Denman, P. J.,…

2Cases cited3 opinions

  1. People v. BallottNew York Court of Appeals · 1967
  2. Clark v. Canandaigua City School DistrictNew York Court of Appeals · 1992
  3. People v. ByrdAppellate Division of the Supreme Court of the State of New York · 1992

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