People v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gische, J.
Central to each of these appeals is the issue of whether a showup identification of the defendants made by the complainant in a nearby garage, approximately one hour after a 911 call reporting a crime, is unreliable because it was the product of an unduly suggestive procedure. Police officers Myskowsky and Mitchell were the only witnesses who testified at a Wade hearing challenging the identification. They were credible witnesses and the facts regarding the circumstances of the showup identifications are not disputed.
In reviewing the propriety of the showup…
2Cases cited15 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. DuuvonNew York Court of Appeals · 1991
- People v. AdamsNew York Court of Appeals · 1981
- People v. RileyNew York Court of Appeals · 1987
- People v. OrtizNew York Court of Appeals · 1997
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3Cited by8 opinions
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- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2022
- People v. DesmondAppellate Division of the Supreme Court of the State of New York · 2023
- People v. J.T.New York Supreme Court · 2017
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2016
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