Legal Opinion · Dissent

People v. McDonald

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

Decided April 20, 2016No. 2008-09292Published

1Dissent

Roman, J.,

dissents, and votes to affirm the judgment, with the following memorandum: I disagree with the majority’s determination that the Supreme Court should have granted those branches of the defendant’s omnibus motion which were to suppress testimony regarding Ronald Seeram’s photographic and lineup identifications, and Jeff Clyne’s photographic *1031identification. For the reasons set forth below, I find that the People met their initial burden of establishing the reasonableness of the police conduct and the lack of undue suggestiveness with respect to these procedures, and the defendant…

2Cases cited23 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. People v. JeromeAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. FletcherAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2009

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