People v. Matthews
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
*1364Initially, defendant argues that County Court erred as a matter of law in denying his motion, after a Wade hearing, to suppress the Cl’s identification of him on the ground that the pretrial identification procedure used by police, a photo array, was unduly suggestive. Upon review of the photo array and suppression testimony, we conclude that the People met their “initial burden of going forward to establish the reasonableness of the police conduct and the lack of any undue suggestiveness in [the] pretrial identification procedure” (People v Chipp, 75 NY2d 327, 335 [1990], cert denied 498 US…
2Cases cited26 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. CabanNew York Court of Appeals · 2005
- People v. ChippNew York Court of Appeals · 1990
- People v. SteinbergNew York Court of Appeals · 1992
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3Cited by4 opinions
- People v. Reynoso-FabianAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BianchiniAppellate Division of the Supreme Court of the State of New York · 2021
- Matthews v. CapraCourt of Appeals for the Second Circuit · 2017
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2018