Legal Opinion
People v. Graham
Appellate Division of the Supreme Court of the State of New York
Decided September 24, 2002PublishedCited by 13 opinions
1Opinion of the Court
Defendant’s suppression motion was properly denied. The record supports the hearing court’s finding that the lineup was not unduly suggestive (see People v Chipp, 75 NY2d 327, 336, cert denied 498 US 833). The lineup participants wore shirts of varying styles and colors. There was no evidence adduced at the hearing concerning the victim’s description of the clothing worn by her assailant at the time of the crime, and defendant’s reliance on trial testimony is inappropriate (see People v Gonzalez, 55 NY2d 720, 721-722).
Defendant’s challenge to the sufficiency of the evidence supporting the…
2Cases cited4 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- People v. ChippNew York Court of Appeals · 1990
- People v. GonzalezNew York Court of Appeals · 1981
- People v. MohammedAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by13 opinions
- People v. Khuong Dinh PhamAppellate Division of the Supreme Court of the State of New York · 2006
- People v. CorbinAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RiceAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. RosaAppellate Division of the Supreme Court of the State of New York · 2013
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