People v. Ballard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*530There is no basis to disturb the determination of the hearing court, which finds ample support in the testimony adduced at the suppression hearing, that neither the photographic nor lineup identifications was the result of unduly suggestive procedures (see, People v Norris, 122 AD2d 82, lv denied 68 NY2d 916; People v Prochilo, 41 NY2d 759). Under the circumstances of this case, it was not inappropriate for the police to display the defendant’s photograph to the witness a second time, subsequent to her unequivocal identification of him as her assailant, in an array including a photograph of…
2Cases cited14 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- People v. AdamsNew York Court of Appeals · 1981
- People v. CantyNew York Court of Appeals · 1983
- People v. RodriguezNew York Court of Appeals · 1984
- People v. VictorNew York Court of Appeals · 1984
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3Cited by7 opinions
- People v. DennyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CouncilAppellate Division of the Supreme Court of the State of New York · 1990
- People v. McCallumAppellate Division of the Supreme Court of the State of New York · 1990
- Gordon v. StateNew York Court of Claims · 1988
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