You are here: / / Showup Identification of the Hand-Cuffed Defendant Made in the Police Station...
,

Showup Identification of the Hand-Cuffed Defendant Made in the Police Station Parking Lot 90 Minutes After the Crime Should Have Been Suppressed

The Fourth Department reversed defendant’s conviction and sent the matter back for a Wade hearing to determine whether the eyewitness had an independent basis for his in-court identification of the defendant.  The show-up identification made by the eyewitness was deemed invalid and should have been suppressed:

…[D]efendant contends that County Court erred in refusing to suppress showup identification testimony with respect to him.  We agree. “Showup identifications are disfavored, since they are suggestive by their very nature” …. .  Here, the showup identification procedure was conducted in the parking lot of a police station, approximately 90 minutes after the occurrence of the crime, while defendant was handcuffed and while uniformed police officers and ambulance personnel were in the parking lot.  The totality of the circumstances of this showup identification procedure presses judicial tolerance beyond its limits …, and we conclude under the facts and circumstances of this case that the showup identification procedure was infirm… .  People v Burnice, 1343, 4th Dept 1-3-14

 

You might also like
ITEMS SEIZED PURSUANT TO THE OVERBROAD SECTION OF THE SEARCH WARRANT, IF ANY, SHOULD HAVE BEEN SUPPRESSED, MATTER REMITTED FOR A RULING; THE SEARCH WARRANT APPLICATION PROVIDED PROBABLE CAUSE FOR THE SEARCH, NOTWITHSTANDING THE INCLUSION OF INFORMATION PROVIDED BY AN ANONYMOUS INFORMANT WHICH DID NOT SATISFY THE AGUILAR-SPINELLI TEST (FOURTH DEPT).
The Destruction of Decedent’s Body in a Trash Compactor Gave Rise to a Cause of Action for Loss of Sepulcher
Sole Heir Did Not Have Standing to Bring Action for Recovery of Estate Property—No Allegations of Misconduct by Personal Representative
THE PLEA COLLOQUY IN WHICH DEFENDANT STATED HE CARED FOR THE THREE-YEAR-OLD VICTIM NEGATED AN ESSENTIAL ELEMENT OF DEPRAVED INDIFFERENCE MURDER; PLEA VACATED (FOURTH DEPT).
[Harmless] Error to Deny Defense a Hearing to Determine Admissibility of Testimony of Private Investigator About What Could Be Seen from a Certain Vantage Point (Calling Into Question Testimony Identifying the Defendant)
FAMILY COURT SHOULD NOT HAVE REFUSED TO ALLOW A SETTLEMENT OF THIS CHILD SUPPORT PROCEEDING, MOTHER AGREED FATHER’S JAIL SENTENCE SHOULD BE SUSPENDED IN RETURN FOR FATHER’S AGREEMENT TO PAY (FOURTH DEPT).
ENGAGING IN COUNSELING SHOULD NOT BE A CONDITION OF VISITATION; THE COURT SHOULD NOT DELEGATE ITS AUTHORITY TO DETERMINE IF AND WHEN VISITATION SHOULD OCCUR TO A COUNSELOR (FOURTH DEPT). ​
Sovereign Immunity Did Not Apply to Golf Course Owned by Seneca Nation

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Relatives of Persons Buried in Defendant Cemetery Could Not Sue As Beneficiaries... Twenty-Two-Year-Old Conviction Reversed Because of Ineffective Assistance of...