People v. Smiley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting *1300him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]). Defendant’s sole contention on appeal is that County Court erred in denying that part of defendant’s omnibus motion seeking to suppress the identification testimony of two witnesses on the ground that the photo array used in the pretrial identification procedures was unduly suggestive. That contention is without merit. “A photo array is unduly suggestive ‘where some characteristic of one picture draws the viewer’s attention to it, indicating that the…
2Cases cited7 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. RobertAppellate Division of the Supreme Court of the State of New York · 1992
- People v. QuinonesAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BoriaAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SylvesterAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by9 opinions
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- People v. Carrasquillo-FuentesAppellate Division of the Supreme Court of the State of New York · 2016
- BROWN, TAYE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
4 more not listed; retrieve them via the Exa API.