Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2008PublishedCited by 9 opinions

1Opinion of the Court

*357Since there was sufficient corroboration of defendant’s guilt, including consciousness-of-guilt evidence and partially incriminating statements to the police, the exclusion of expert testimony on the reliability of eyewitness identification does not require reversal. Furthermore, there were highly reliable multiple eyewitness identifications. In People v Abney (57 AD3d 35 [2008]), this Court determined that an eyewitness identification was rehable where the witness saw the perpetrator face to face in a well-lit stairwell and identified him in an array of photos an hour after the incident, and…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. People v. LeGrandNew York Court of Appeals · 2007
  2. People v. MillerNew York Court of Appeals · 2006
  3. People v. NorrisAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. TocciAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by9 opinions

  1. People v. PageAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2010
  5. PAGE, CORLAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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