People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*434The court properly denied defendant’s motion to suppress identification testimony. The hearing court properly exercised its discretion (see People v Chipp, 75 NY2d 327, 337 [1990], cert denied 498 US 833 [1990]) in refusing to permit defendant to call as a witness a police sketch artist who had worked with the victim to create a wanted poster. “[T]he purpose and function of the Wade hearing is to determine whether a police-arranged pretrial identification procedure such as a lineup, was unduly suggestive” (id.). The creation of the sketch itself was not an identification procedure (People v…
2Cases cited9 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrathwaiteNew York Court of Appeals · 1984
- People v. RawlinsNew York Court of Appeals · 2008
- People v. MaldonadoNew York Court of Appeals · 2002
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3Cited by7 opinions
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- People v. CascioAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HoustonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2012
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