People v. Dade
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that Supreme Court erred in refusing to suppress evidence of defendant’s identification made following a street corner showup held two days after the crime. The record supports the suppression court’s finding that the complainant knew defendant from the neighborhood (see, People v Carter, 174 AD2d 988, lv denied 78 NY2d 1010). Because of the identifying witness’s familiarity with defendant, there is little or no risk that police suggestion could have led to misidentification (see, People v Collins, 60 NY2d 214, 219;…
2Cases cited6 opinions
- People v. MaliziaNew York Court of Appeals · 1984
- People v. RodriguezNew York Court of Appeals · 1992
- People v. TasNew York Court of Appeals · 1980
- People v. CollinsNew York Court of Appeals · 1983
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by5 opinions
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HathawayAppellate Division of the Supreme Court of the State of New York · 2008
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- People v. StewartAppellate Division of the Supreme Court of the State of New York · 2015
- STEWART, ANTHONY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015