People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s claim that a detective’s statement to the complainant that a photograph of the defendant would be included in the photopack compromised the validity of the identification and, consequently, tainted the lineup identification, is without merit. It is well settled that an identification is not automatically contaminated by an officer’s remark that a subject is in custody (People v Rodriguez, 64 NY2d 738, 740; People v Logan, 25 NY2d 184, 192, cert denied 396 US 1020). Similarly, advising a witness that the photo of a particular individual who was a suspect and whose name and face…
2Cases cited10 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. LoganNew York Court of Appeals · 1969
- People v. RodriguezNew York Court of Appeals · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. RobertAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WintersAppellate Division of the Supreme Court of the State of New York · 2021
- People v. Tong KhuuAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BourneAppellate Division of the Supreme Court of the State of New York · 2007
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1991
14 more not listed; retrieve them via the Exa API.