People v. Clark
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court erred in denying defendant’s motion to suppress identification testimony without placing its findings of fact and conclusions of law upon the record as required by CPL 710.60 (6) (see, People v Smith, 179 AD2d 1022, lv denied 79 NY2d 1007). “The failure to do so is not fatal, however, where, as here, there has been a full and fair hearing. In such instances, this court may make its own findings of fact and conclusions of law” (People v Lewis, 172 AD2d 1020, 1021). Defendant contends that one of two showup identifications was unduly…
2Cases cited13 opinions
- People v. DuuvonNew York Court of Appeals · 1991
- People v. RileyNew York Court of Appeals · 1987
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1991
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- People v. McNeillAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BonillaAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LockwoodAppellate Division of the Supreme Court of the State of New York · 2000
7 more not listed; retrieve them via the Exa API.