Legal Opinion

People v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1988PublishedCited by 2 opinions

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

  1. People v. AdamsNew York Court of Appeals · 1981
  2. People v. CantyNew York Court of Appeals · 1983
  3. People v. LoganNew York Court of Appeals · 1969
  4. People v. RodriguezNew York Court of Appeals · 1984
  5. People v. BurwellNew York Court of Appeals · 1970

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3Cited by2 opinions

  1. People v. MarinelliAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. GarayAppellate Division of the Supreme Court of the State of New York · 1990

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