Legal Opinion

People v. Neely

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

Decided June 17, 1996PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J. P.

The immediate question before us is whether the Supreme Court, following a Wade-Dunaway hearing (United States v Wade, 388 US 218; Dunaway v New York, 442 US 200), properly denied that branch of the defendant’s omnibus motion which was to suppress identification testimony. An underlying issue is how this Court is to best exercise its procedural prerogatives considering that the Supreme Court conducted the hearing before People v Dixon (85 NY2d 218) was decided.

In Dixon, the Court of Appeals held that canvassing a crime area in a police car is a "…

2Cases cited41 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Dunaway v. New YorkSupreme Court of the United States · 1979
  4. People v. DuuvonNew York Court of Appeals · 1991
  5. People v. ParkerNew York Court of Appeals · 1982

36 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. In re Robert D.Appellate Division of the Supreme Court of the State of New York · 2010
  2. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. McCraeAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. AponteAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. SpruillAppellate Division of the Supreme Court of the State of New York · 1996

14 more not listed; retrieve them via the Exa API.

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