People v. Birot
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress identification evidence. The People established in the first instance that the photographic identification procedure and lineup were not improper, and the defendant failed to establish that the procedures were unduly suggestive (see People v Chipp, 75 NY2d 327, 335-336 [1990], cert denied 498 US 833 [1990]; People v Seymour, 77 AD3d 976, 978 [2010]).
The Supreme Court properly denied the defendant’s CPL 330.30 motion. The defendant failed to establish that the People violated his rights under…
2Cases cited23 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
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3Cited by31 opinions
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FuhrtzAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MorencyAppellate Division of the Supreme Court of the State of New York · 2013
26 more not listed; retrieve them via the Exa API.