People v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*619Contrary to the defendant’s contentions, the evidence adduced at the Wade hearing reveals that the identification procedures were neither improperly conducted nor unduly suggestive (see, People v Rodriguez, 64 NY2d 738, 740; People v Burwell, 26 NY2d 331; People v McCoy, 131 AD2d 787). The hearing record also supports the alternative conclusion that the complainant’s recollection of the defendant as one of her assailants had a source independent of any photographic identification (see, People v Adams, 53 NY2d 241; People v Logan, 25 NY2d 184, 192, cert denied 396 US 1020, rearg dismissed 27…
2Cases cited8 opinions
- People v. AdamsNew York Court of Appeals · 1981
- People v. CantyNew York Court of Appeals · 1983
- People v. LoganNew York Court of Appeals · 1969
- People v. RodriguezNew York Court of Appeals · 1984
- People v. BurwellNew York Court of Appeals · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. MarinelliAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GarayAppellate Division of the Supreme Court of the State of New York · 1990