People v. Anthony P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court (Affronti, J.) properly denied that part of defendant’s motion seeking suppression of the identification testimony of the complainant and another witness to the robbery. The People satisfied their initial burden of establishing the lack of any undue suggestiveness in the lineup procedure, and defendant failed to satisfy his ultimate burden of proving that the lineup was unduly suggestive (see, People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833). The court properly exercised its discretion in denying defendant’s request to call…
2Cases cited2 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. ChristensonAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- People v. FreeneyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RayfordAppellate Division of the Supreme Court of the State of New York · 2002