You are here: / / Show-Up Identification Should Have Been Suppressed—Defendant Was...
,

Show-Up Identification Should Have Been Suppressed—Defendant Was Only Person In the Street, Was In Hand-Cuffs, and Was Surrounded by Police

The Second Department determined the complainant’s in-court and pre-trial identification of the defendant should have been suppressed. After the complainant identified the defendant in the show-up, the complainant told the police all the burglars were wearing masks.  The error, however, was deemed harmless.  Probable cause to arrest the defendant existed prior to the show-up:

Here, the hearing testimony demonstrated not only that the perpetrators’ faces were covered during the entire time the complainant was with them, but also that the only description the complainant had previously provided to the police was that the perpetrators were black males. Under these circumstances, it cannot be said that the complainant’s pretrial and in-court identification of the defendant was not founded on the fact that the defendant was the only person standing in the street, in handcuffs, surrounded by the police with high-beam headlights shining on his face, during the showup proceeding … . Nevertheless, the error in admitting this identification evidence at trial was harmless since the other evidence of the defendant’s guilt, including oral and written statements he gave to the police admitting to his participation in the burglary, was overwhelming, and there is no reasonable possibility that the error might have contributed to his conviction … . People v Williams, 2015 NY Slip Op 03390, 2nd Dept 4-22-15

 

You might also like
Change of Venue to Avoid Appearance of Impropriety Properly Granted–Plaintiff Was a Long-Time Senior Employee of Supreme Court in the County Where the Action Was Brought
DEFENDANTS’ MOTION TO DISMISS CLAIMS NOT INCLUDED IN THE NOTICE OF CLAIM PROPERLY GRANTED; MOTION TO AMEND THE NOTICE OF CLAIM AND MOTION FOR LEAVE TO FILE A LATE NOTICE PROPERLY DENIED; JUDGE SHOULD NOT HAVE, SUA SPONTE, DISMISSED THE CLAIM FOR LOSS OF SERVICES BECAUSE THAT RELIEF WAS NOT REQUESTED (SECOND DEPT).
DEFENDANT WAS ENTITLED TO A DOWNWARD DEPARTURE TO A LEVEL ONE BECAUSE HE HAD BEEN AT LIBERTY FOR 17 YEARS WITHOUT REOFFENDING (SECOND DEPT).
PLAINTIFF BANK DID NOT DEMONSTRATE STANDING TO BRING THE FORECLOSURE ACTION; THE REQUIRED BUSINESS RECORDS WERE NOT SUBMITTED (SECOND DEPT).
WHATEVER TIME REMAINS ON THE APPLICABLE STATUTE OF LIMITATIONS WHEN THE COVID TOLL BEGAN IS ALL THAT IS LEFT WHEN TO TOLL IS LIFTED (SECOND DEPT). ​
The Public Administrators of Two Counties Claimed the Authority and Jurisdiction for Letters of Administration Re: the Estate of an Incapacitated Person—In Resolving the Dispute the Appellate Court Discussed the Authority of a Public Administrator As Well As Surrogate’s Court’s Jurisdiction and the Decedent’s Domicile
Hearing Required to Determine Whether Plaintiff Bank Negotiated in Good Faith During the Settlement Conference
PAT-DOWN SEARCH AFTER VEHICLE STOP OKAY, CRITERIA EXPLAINED.

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

Under the Facts, the Merger Doctrine Precluded Convictions on Both Kidnapping... Action for a Declaratory Judgment Must Be Based Upon a Concrete Dispute, Not...