Legal Opinion
People v. Brennan
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999PublishedCited by 11 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of burglary in the second degree (Penal Law § 140.25 [2]) and other crimes, defendant contends that the identification testimony of a witness should have been suppressed because it was based upon suggestive pretrial identification procedures. We disagree. The People met their initial burden of demonstrating the lack of suggestiveness, and defendant failed to carry the ultimate burden of proving that the procedures were unduly suggestive (see, People v Chipp, 75 NY2d 327, 335, cert denied 498 US…
2Cases cited5 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 1994
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1994
- People v. AufieroAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by11 opinions
- People v. DickersonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 2008
- People v. FloydAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BourneAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MolsonAppellate Division of the Supreme Court of the State of New York · 2011
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