Legal Opinion

In re Felipe O.

New York Family Court

Decided August 28, 1978Published

1Opinion of the Court

OPINION OF THE COURT

Nanette Dembitz, J.

The major question of law on this motion to suppress identification testimony in a juvenile delinquency proceeding, is whether a lineup identification is invalid because of factors that tended to make the suspect conspicuous in the lineup and attract the viewer’s attention to him.

The respondents were charged in juvenile delinquency proceedings with acts that would constitute, if done by an adult, *402second degree murder, in that the 13-year-old respondent, aided by the 15-year-old, killed another youth, one Hugh M, by shooting him in the head. On…

2Cases cited17 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Manson v. BrathwaiteSupreme Court of the United States · 1977
  4. Withrow v. LarkinSupreme Court of the United States · 1975
  5. Coleman v. AlabamaSupreme Court of the United States · 1970

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