Legal Opinion
In re Mark J.
New York Family Court
Decided January 4, 1979Published
1Opinion of the Court
OPINION OF THE COURT
Aileen Haas Schwartz, J.
No more vexing issue confronts the court in a criminal or juvenile delinquency proceeding than the reliability of eyewitness identification. "The vagaries of eyewitness identification are well known; the annals of criminal law are rife with instances of mistaken identification”, the Supreme Court observed in United States v Wade (388 US 218, 228).
The challenge to the admissibility of identification evidence in the instant case poses an additional threshold problem: Does the standard enunciated in Manson v Brathwaite (432 US 98) govern or does New…
2Cases cited26 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Stovall v. DennoSupreme Court of the United States · 1967
- Rakas v. IllinoisSupreme Court of the United States · 1979
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