Legal Opinion
People v. Rivera
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 2015No. 15915 1379/09PublishedCited by 3 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered April 25, 2013, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 18 years, unanimously affirmed.
The court properly concluded that the People demonstrated, by clear and convincing evidence, an independent source for the victim’s in-court identification notwithstanding a suppressed identification procedure (see Neil v Biggers, 409 US 188, 199-200 [1972]; People v Williams, 222 AD2d 149 [1st Dept 1996], lv denied 88 NY2d 1072 [1996]).…
2Cases cited7 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- Neil v. BiggersSupreme Court of the United States · 1972
- People v. BufordNew York Court of Appeals · 1987
- People v. EdwardsNew York Court of Appeals · 1979
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Hazelee DD. (Nicholas EE.)Appellate Division of the Supreme Court of the State of New York · 2023
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2024
- Rivera v. ColladoDistrict Court, S.D. New York · 2021