Legal Opinion
People v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1985PublishedCited by 8 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), *618rendered March 30, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
There is no merit to defendant’s contention that a photograph identification by an eyewitness was impermissibly suggestive simply because a physical lineup, the preferred procedure, was not employed. A photographic identification is a proper method of identification (People v Brown, 114 AD2d 855; People v Russo, 52 AD2d 62; People v Dibble, 46 AD2d 829). The use of an array of…
2Cases cited5 opinions
- People v. MalphursAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RolstonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DibbleAppellate Division of the Supreme Court of the State of New York · 1974
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RussoAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WhitakerAppellate Division of the Supreme Court of the State of New York · 1987
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1988
- In re an Investigation of ThomasNew York Supreme Court · 2001
- People v. TimmonsAppellate Division of the Supreme Court of the State of New York · 1989
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