It is well settled that showup identifications are generally disfavored because they are inherently suggestive by nature, but they nevertheless are not "presumptively infirm" (People v Duuvon, 77 NY2d 541, 543; see People v Ortiz, 90 NY2d 533, 537). Showup identifications must be conducted "prompt[ly]" following the defendant's arrest and they must occur "at or near the crime scene" (Duuvon, 77 NY2d at 544). In determining whether the showup identification is conducted in adequate temporal and geographic proximity to the crime, courts must consider the specific facts and circumstances of each case.
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Thứ Ba, 23 tháng 3, 2010
Showups Identifications Are Disfavored
In People v Blunt (2010 NY Slip Op 02191 [4th Dept 3/23/10]), the Fourth Department suppressed the results of a showup identification where the testimony "established that the incident occurred at approximately 7:25 a.m. and that the showup was conducted at approximately 9:30 p.m., several miles away from the scene of the incident and after defendant had been placed under arrest and drugs were found on his possession." The Court explained that
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Please see the article below for the improper political intervention of the Velella family with Family Court Judge David Klein: case of T...
-
Юридический ликбез: в каких случаях имеет смысл создавать Отзывные Трасты Будучи адвокатом , специализирующимся на вопросах создания Трастов...
-
NYS Senator Malcom Smith and City Councilman Dan Halloran Are Arrested For Bribing GOP County ChairsHere we go again....teflon Smith. The only way to stop this is to stop them. FBI Arrests State Sen. Malcolm Smith, Councilman Dan Halloran F...
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
Following up on the previous story from Mount Vernon Exposed: Terrence Raynor, Janet DiFiore's Chief Investigator, Charged With two Felo...
-
What Cuomo's probe found Then-attorney general's investigation shows pattern of "political interference" By Brendan J. Lyo...
-
They Finally Tested The 'Prisoner's Dilemma' On Actual Prisoners — And The Results Were Not What You Would Expect LINK The “pri...
-
The growth in personal wealth fueled by the overall growth in business in economy, especially mushrooming of affluent businesses governed ...
-
NYCHA board members keep drawing six-figure pay — for their eliminated jobs This week, NYCHA board members Margarita Lopez and Emily Youssou...
Không có nhận xét nào:
Đăng nhận xét