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Category Archives: Identification Evidence
Eyewitness Identification Expert: When Is Expert Testimony Admissible
People v. Santiago 2011 NY Slip Op 07303 Decided New York Court of Appeals October 20, 2011 See also The Scope of Expert Witness Testimony Issue: whether two additional eyewitness identifications sufficiently corroborated the victim’s identification of the defendant, so … Continue reading
Getting Expert Identification Testimony Admitted At Trial
People v. Santiago 2011 NY Slip Op 07303 Decided New York Court of Appeals October 20, 2011 Issue: whether two additional eyewitness identifications sufficiently corroborated the victim’s identification of the defendant, so as to render expert testimony on eyewitness recognition memory unnecessary. … Continue reading
Posted in Evidence, Identification Evidence, Uncategorized
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Unduly Suggestive Lineups: When Only The Defendant Matches A Key Aspect Of The Description
People v. Kenley 2011 NY SLip Op 06331 Appellate Division, First Department Decided August 25, 2011 Issue: Whether the lineup was unduly suggestive when only the defendant matched a key aspect of the description provided by witnesses. Holding: A lineup … Continue reading
New Exception To The Exclusionary Rule And Fourth Amendment Suppression Issues
PEOPLE V TOLENTINO : New York Court of Appeals, IMPORTANT NOTE: THE U.S. SUPREME COURT HAD GRANTED CERTIORARI TO HEAR THIS CASE AND ORAL ARGUMENT WAS SET FOR MARCH 21, 2011. ON MARCH 29, 2011 THE SUPREME COURT REVERSED ITS … Continue reading
Admissibility of Pre-Trial Photo Identifications When Defendant Refuses To Cooperate With Lineup Identification
People v. Perkins New York Court of Appeals Slip Op 05675 Decided June 29, 2010 Issue : whether a photographic identification will be admissible at trial when defendant would not cooperate with lineup procedures and a photo array was used … Continue reading
Posted in Blog, Evidence, Identification Evidence, Suppression
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