Legal Opinion

People v. Adelman

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

Decided January 30, 2007PublishedCited by 21 opinions

1Opinion of the Court

*927Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 18, 2003, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

“A witness may identify the perpetrator of a crime as part of his or her in-court testimony, notwithstanding the existence of a procedurally-defective pretrial identification procedure, provided that the People establish by clear and convincing evidence that the in-court identification is based upon the witness’s independent observation of the…

2Cases cited18 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Manson v. BrathwaiteSupreme Court of the United States · 1977
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. StultzNew York Court of Appeals · 2004
  5. People v. LopezNew York Court of Appeals · 1988

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

3Cited by21 opinions

  1. People v. KentAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. HammonAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. ShawAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. HoustonAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. KellyAppellate Division of the Supreme Court of the State of New York · 2009

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

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