Legal Opinion
People v. Brewster
New York Supreme Court
Decided July 20, 1982PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Cornelius J. O’Brien, J.
This is a dual motion on behalf of the defendants which seeks an order suppressing identification testimony pursu*27ant to CPL 710.20 and further seeks dismissal of the indictment pursuant to CPL 210.35 (subd 5).
This matter was originally before the court on a Wade hearing. During the course of the hearing, it became apparent that the sole means of identification of all three defendants as the perpetrators of the crime was by photographic identification.
It is conceded by the People that, except at the Wade hearing before this court, and an aborted Wade…
2Cases cited15 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- People v. CasertaNew York Court of Appeals · 1966
- People v. BakerNew York Court of Appeals · 1968
- People v. NitzbergNew York Court of Appeals · 1943
- People v. . Jung HingNew York Court of Appeals · 1914
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3Cited by6 opinions
- People v. BrewsterNew York Court of Appeals · 1984
- People v. BrewsterAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BallAppellate Division of the Supreme Court of the State of New York · 1982
- People v. TanksleyNew York Supreme Court · 1983
- People v. WhiteNew York Supreme Court · 1982
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