People v. Adelman
Appellate Division of the Supreme Court of the State of New York
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
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- People v. BeneventoNew York Court of Appeals · 1998
- People v. StultzNew York Court of Appeals · 2004
- People v. LopezNew York Court of Appeals · 1988
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. KentAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HammonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HoustonAppellate Division of the Supreme Court of the State of New York · 2011
- 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.