Legal Opinion

People v. Oakley

New York Court of Appeals

Decided April 21, 1971PublishedCited by 57 opinions

1Opinion of the CourtBreitel, J.

A noteworthy issue raised on this criminal appeal is whether an indictment is rendered infirm because the testimony before the Grand Jury rested on a suggestive identification of the defendant exhibited alone. Because the evidence of identification was competent prima facie, but was held to be suggestive only upon a subsequent pretrial hearing, there was no insufficiency of evidence before the Grand Jury upon which the indictment was founded.

After a jury trial defendant was convicted of robbery in the first degree and related crimes. The complainant, then 15 years of age, was accosted in a…

2Cases cited7 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  5. Costello v. United StatesSupreme Court of the United States · 1956

2 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. People v. SwampNew York Court of Appeals · 1995
  2. People v. BrewsterNew York Court of Appeals · 1984
  3. People v. AvantNew York Court of Appeals · 1973
  4. People v. BartolomeoAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. GordonNew York Court of Appeals · 1996

52 more not listed; retrieve them via the Exa API.

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