People v. Gray
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress his identification on the basis of an impermissibly suggestive photo array. The fact that the background of defendant’s photograph differed in color from that of the others does not support the conclusion that the procedure was unduly suggestive where, as here, the surrounding photos all depicted men sharing physical attributes similar to defendant (see, People v Burns, 186 AD2d 1015 [decided herewith]; People v Floyd, 173 AD2d 211, 212, lv denied 78 NY2d 966; People v Emmons, 123 AD2d…
2Cases cited8 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. CantyNew York Court of Appeals · 1983
- People v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BurnsAppellate Division of the Supreme Court of the State of New York · 1992
- People v. FloydAppellate Division of the Supreme Court of the State of New York · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 2016
- People v. DreadAppellate Division of the Supreme Court of the State of New York · 1997
- EVANS, DERICK, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LatsonAppellate Division of the Supreme Court of the State of New York · 1998