Legal Opinion
United States v. Ghayth
District Court, S.D. New York
Decided January 2, 2014No. S14 98 CRIM. 1023 LAPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
LEWIS A. KAPLAN, District Judge.
The government seeks to introduce at trial against defendant Sulaiman Abu Ghayth (“Abu Ghayth”) evidence of two out-of-court identifications made by a cooperating witness (“CW”) and an anticipated in-court identification by the same witness. Abu Ghayth moves to suppress the out-of-court identification and preclude in-court identification or, in the alternative, for an evidentiary hearing under United States v. Wade.1
Background
The CW previously pled guilty to a terrorism offense, has been sentenced, and now is cooperating with the government.2…
2Cases cited16 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- United States v. David Thai, Lan Ngoc Tran, Minh Do, Jimmy Nguyen, Hoang Huy Ngo, Quang Van Nguyen, and Lv Hong, A/K/A "l.v. Hong"Court of Appeals for the Second Circuit · 1994
- United States v. Robert P. Marchand, Jr.Court of Appeals for the Second Circuit · 1978
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3Cited by1 opinion
- United States v. GershmanCourt of Appeals for the Second Circuit · 2022