People v. Brewster
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
This appeal presents for resolution the question of whether an indictment must be dismissed where the evidence of identity before the Grand Jury was based solely upon prior photographic identifications, and where the grand jurors were not informed of that fact.
The essential facts are not in dispute. As reflected in the opinion of Criminal Term (People v Brewster, 115 Misc 2d 26), no corporeal identification was ever made of any of the defendants by the witnesses in this case. The witnesses, however, did identify defendants from photographs at the police station…
2Cases cited27 opinions
- United States v. WadeSupreme Court of the United States · 1967
- United States v. HastingSupreme Court of the United States · 1983
- Costello v. United StatesSupreme Court of the United States · 1956
- Morris v. SlappySupreme Court of the United States · 1983
- People v. Calbud, Inc.New York Court of Appeals · 1980
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3Cited by31 opinions
- Fortunato v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BrattonAppellate Division of the Supreme Court of the State of New York · 1984
- In re Rodney J.Appellate Division of the Supreme Court of the State of New York · 1985
- Maxwell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BaptisteAppellate Division of the Supreme Court of the State of New York · 1994
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