People v. Peryea
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the suppression court erred in refusing to suppress the in-court identification testimony of an eyewitness to the crime. "[I]t is well settled that even where 'a suggestive identification procedure [was] employed by police, a witness will nonetheless be permitted to identify the defendant in court if that identification is based on an independent source’ ” (People v Greer, 173 AD2d 557, lv denied 78 NY2d 1011, quoting People v Johnson, 129 AD2d 739, 740). Although the identification procedure was…
2Cases cited10 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. TraitAppellate Division of the Supreme Court of the State of New York · 1988
- Independence Party v. Board of ElectionsNew York Court of Appeals · 1995
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. NegronAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
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- DEKENIPP, RICHARD A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DekenippAppellate Division of the Supreme Court of the State of New York · 2013