Legal Opinion
People v. Marte
New York Court of Appeals
Decided June 11, 2009PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We held in People v Adams (53 NY2d 241 [1981]) that evidence of an unnecessarily suggestive police-arranged identification of a criminal suspect must be suppressed as a matter of state constitutional law. We hold today that no similar per se rule applies to an identification in which the police are not involved. While suggestiveness originating with private citizens can create a risk of misidentification, that risk does not justify an automatic, constitutional rule of exclusion.
I
The victim, whom we will call Peter L., was robbed and shot in the chest near his…
2Cases cited14 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- People v. AdamsNew York Court of Appeals · 1981
- People v. ScarolaNew York Court of Appeals · 1988
- People v. LoganNew York Court of Appeals · 1969
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. DelamotaNew York Court of Appeals · 2011
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HoustonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SammsAppellate Division of the Supreme Court of the State of New York · 2011
- State v. PattersonConnecticut Appellate Court · 2017
26 more not listed; retrieve them via the Exa API.