Legal Opinion
The People v. Kaity Marshall
New York Court of Appeals
Decided December 17, 2015No. 195PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera., J.
Defendant claims that the trial court, relying on People v Herner (85 NY2d 877 [1995]), and affirmed by the Appellate Term, improperly denied her request for a Wade hearing to determine the suggestiveness of a prosecutor’s pretrial display to complainant of defendant’s arrest photograph, on the ground that the display was trial preparation, and not an identification procedure. Defendant further argues that we should repudiate a practice that has developed post -Herner into an exception to Criminal Procedure Law § 710.30.
Upon consideration of the applicable…
2Cases cited32 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- People v. ChippNew York Court of Appeals · 1990
27 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- People v. BooneCourt for the Trial of Impeachments and Correction of Errors · 2017
- Small v. StateCourt of Appeals of Maryland · 2019
- People v. CarmonaAppellate Division of the Supreme Court of the State of New York · 2020
- People v. GambaleAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Jarell W.Appellate Division of the Supreme Court of the State of New York · 2016
31 more not listed; retrieve them via the Exa API.