Legal Opinion

People v. Gonzalez

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1978PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Evans, J.

Appellant was charged with acting in concert with two others to rob two attendants at a gas station. Following a jury trial appellant was convicted of two counts of first degree robbery. At the trial neither attendant was able to identify appellant and over the objection of defense counsel police officer Moroney was permitted to testify that one of the attendants (Grant) had at the police station identified appellant as an active participant in the robbery approximately 40 minutes following the occurrence.

On appeal, appellant argues that the pretrial showup at the…

2Cases cited4 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Manson v. BrathwaiteSupreme Court of the United States · 1977
  4. People v. NivalNew York Court of Appeals · 1974

3Cited by29 opinions

  1. People v. JamesAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. CummingsAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. HamptonAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1990

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