People v. Brinson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in determining that there was an independent basis to support the admission of the identification testimony of three witnesses. We disagree. Because the pretrial procedure used to identify defendant was improper (see, People v Brinson, 186 AD2d 1063), the People had to prove by clear and convincing evidence that there was an independent basis for the in-court identifications of defendant (see, People v Ballott, 20 NY2d 600, 606-607; Katz and Shapiro, New York Suppression Manual § 24.05). Here, the court’s…
2Cases cited17 opinions
- People v. GrierNew York Court of Appeals · 1975
- People v. BallottNew York Court of Appeals · 1967
- People v. SalimiAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RobinsonNew York Court of Appeals · 1978
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by8 opinions
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- People v. SmartAppellate Division of the Supreme Court of the State of New York · 2003
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