Legal Opinion
People v. Sharp
New York Supreme Court
Decided April 11, 2012PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Marcus, J.
In this case, after a witness identified the defendant’s photograph using the New York City Police Department’s photo manager system, the witness again identified the defendant in an investigative lineup conducted in violation of the defendant’s right to counsel. Acknowledging that the lineup identification must be suppressed, the People now apply for an order pursuant to CPL 240.40 (2) (b) (i) directing the defendant to appear in a second, postindictment lineup.1 For the reasons set forth below, a hearing will be held to determine the fairness of the…
2Cases cited25 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Neil v. BiggersSupreme Court of the United States · 1972
- Foster v. CaliforniaSupreme Court of the United States · 1969
- People v. ChippNew York Court of Appeals · 1990
- People v. HobsonNew York Court of Appeals · 1976
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3Cited by2 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2018
- People v. MarionAppellate Division of the Supreme Court of the State of New York · 2021