People v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*896Following the suppression of the victim’s lineup identification of the defendant, the People established by clear and convincing evidence at an independent source hearing that the in-court identification of the defendant was based upon the witness’s independent observation of the defendant during the commission of the crime (see People v Marte, 12 NY3d 583, 586 [2009]; People v Adelman, 36 AD3d 926, 927 [2007]; People v Ortiz, 7 AD3d 544 [2004]; People v Radcliffe, 273 AD2d 483, 484 [2000]).
The defendant’s contention that the trial court violated his constitutional right to a jury trial and…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- People v. RiveraNew York Court of Appeals · 2005
- People v. MarteNew York Court of Appeals · 2009
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1996
- People v. AdelmanAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by6 opinions
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CardovaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2013
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.