Legal Opinion

People v. Gonzalez

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

Decided December 23, 1988PublishedCited by 7 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that several errors were committed but that none requires reversal of defendant’s conviction for assault in the second degree and criminal possession of a weapon in the second degree. The joint identification by two witnesses of defendant’s photograph out of a series of mug shots was improper. This practice of eliciting photo identification from more than one witness at a time has been condemned for being unduly suggestive (see, People v Mosley, 110 AD2d 937, 938; People v Jones, 108 AD2d 824, 825; People…

2Cases cited14 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. TrowbridgeNew York Court of Appeals · 1953
  3. People v. JohnsonNew York Court of Appeals · 1982
  4. People v. BallottNew York Court of Appeals · 1967
  5. People v. KobersteinNew York Court of Appeals · 1985

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

3Cited by7 opinions

  1. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. MullallyAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BurtsAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. NicholasAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1991

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

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