Legal Opinion

People v. Gonzalez

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

Decided November 9, 2001Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant’s motion to suppress the identification testimony of a prosecution witness. The evidence at the Wade *922hearing established that the witness knew defendant, and thus the showup identification was merely confirmatory (see, People v Mike, 283 AD2d 989, Iv denied 96 NY2d 904). It is therefore unnecessary to consider whether the passage of time between the crime and the showup identification, conceded to be excessive by the People, rendered the procedure unduly suggestive (see, People v Joseph, 244 AD2d 504, 504-505,…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. MikeAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. JosephAppellate Division of the Supreme Court of the State of New York · 1997

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