People v. Owens
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
*678The testimony at the Wade hearing (United States v Wade, 388 US 218) indicates that both complainants observed defendant’s face during the course of a gun-point robbery which lasted 2 to 2 Vi minutes. Supreme Court’s finding, undisturbed by the Appellate Division, that the in-court identifications by both complainants were based upon an independent source is supported by the record and thus is beyond our review (People v Whitaker, 64 NY2d 347, 351, cert denied sub nom. Whitaker v New York, 474 US 830; People…
2Cases cited8 opinions
- United States v. WadeSupreme Court of the United States · 1967
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AdamsNew York Court of Appeals · 1981
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1980
- People v. WhitakerNew York Court of Appeals · 1985
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3Cited by44 opinions
- The People v. Terrell AllenNew York Court of Appeals · 2014
- People v. McBrideNew York Court of Appeals · 2010
- People v. GeeNew York Court of Appeals · 2002
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2003
- People v. HarrisNew York Court of Appeals · 1992
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