People v. Houston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant contends that the in-court identification testimony of three police witnesses should have been suppressed as tainted by an unduly suggestive pretrial identification procedure, during which they separately identified the defendant from a single photograph. An in-court identification is admissible notwithstanding a procedurally defective pretrial identification procedure if the People establish by clear and convincing evidence that the identification is based upon the witness’s independent observation of the defendant during the commission of the crime (see People v Marte, 12 NY3d…
2Cases cited14 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
- People v. MateoNew York Court of Appeals · 2004
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3Cited by8 opinions
- People v. JimenezAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CrudupAppellate Division of the Supreme Court of the State of New York · 2021
- People v. GrayAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HarnettAppellate Division of the Supreme Court of the State of New York · 2020
- People v. SaundersAppellate Division of the Supreme Court of the State of New York · 2021
3 more not listed; retrieve them via the Exa API.