Legal Opinion

People v. Peryea

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

Decided May 30, 1997PublishedCited by 3 opinions

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

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. TraitAppellate Division of the Supreme Court of the State of New York · 1988
  3. Independence Party v. Board of ElectionsNew York Court of Appeals · 1995
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. NegronAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by3 opinions

  1. People v. DekenippAppellate Division of the Supreme Court of the State of New York · 2013
  2. DEKENIPP, RICHARD A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. DekenippAppellate Division of the Supreme Court of the State of New York · 2013

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