Legal Opinion

People v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2009PublishedCited by 30 opinions

1Opinion of the Court

The evidence at a suppression hearing established that the showup identification of the defendant took place within 15 minutes of the crime and less than one-half mile from the crime scene, and was conducted for the reasonable purpose of securing a prompt and reliable identification. As such, the showup was not unduly suggestive and, therefore, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress the identification testimony (see People v Ortiz, 90 NY2d 533 [1997]; People v Johnson, 81 NY2d 828 [1993]).

The Supreme Court properly denied the…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. OrtizNew York Court of Appeals · 1997
  3. People v. JohnsonNew York Court of Appeals · 1993
  4. People v. BagarozyAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. MastropietroAppellate Division of the Supreme Court of the State of New York · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. People v. RohlehrAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. NugentAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. FolgerAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2012

25 more not listed; retrieve them via the Exa API.

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