New York identification law: the Wade hearing, the trial
This first-of-its kind resource presents an exhaustive review of the New York Identification Law in two parts: Part One _ The Wade Hearing, & Part Two _ The Trial. Includes up-to-date citations & statute references.
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THE MOTION TO SUPPRESS
i Witness Previously Identiﬁed the Accused
AND PROSECUTIONS RESPONSE
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1st Dep’t 2d Cir 2d Dep’t 4th Dep’t accused accused’s right admissible allegations arraignment attomey Bronx burden caselaw cert concem conducted conﬁrmation conﬁrmatory confrontation constitutional Court of Appeals Crim crime criminal defendant defendant’s photo denied Dep‘t discussed due process error exigency extrajudicial fact factors factual failure ﬁllers ﬁnding ﬁrst Fourth Amendment goveming hearsay held Hemer his/her identiﬁcation evidence identiﬁcation procedure identiﬁcation testimony identifying witness in-court identiﬁcation inadmissible indelible right independent source inﬂuence infra issue judicial jury Kings lineup Misc.2d misidentiﬁcation motion to suppress non-suggestive NYLJ People’s perpetrator photo array photo identiﬁcation pre-trial identiﬁcation precinct showup prosecution prosecution’s Queens reasonable reﬂects relevant reliability remand right to counsel Rodriguez rule s/he scientiﬁc serve notice signiﬁcant State’s sufﬁcient suggestive feature suppression motion supra suspect tainted testiﬁed tion trial undue unduly suggestive victim viewing violation voice identiﬁcation Wade hearing waived waiver witness’s description witness’s identiﬁcation