Legal Opinion
People v. Vargas
New York Supreme Court
Decided March 25, 1983PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Rena K. Uviller, J.
This motion to suppress identification testimony poses the vexing and recurrent question of whether the People’s bare assertion that the identifying witness knew the defendant before the crime is a sufficient basis for denying the defendant a Wade hearing (388 US 218). Also at issue is the significance, if any, of the fact that the witness viewed the defendant photographically rather than corporeally in deciding whether a hearing is warranted.
The defendant was indicted for murder in the second degree. The People alleged that on a summer night on 8th…
2Cases cited25 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Dunaway v. New YorkSupreme Court of the United States · 1979
- People v. SandovalNew York Court of Appeals · 1974
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3Cited by15 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FlemingAppellate Division of the Supreme Court of the State of New York · 1985
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ArchieAppellate Division of the Supreme Court of the State of New York · 1994
- State v. HamlinConnecticut Appellate Court · 2005
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