People v. Pratt, 816 N.E.2d 207 (NY 2004). · Go Syfert
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People v. Pratt, 816 N.E.2d 207 (NY 2004). Cases Citing This Book View Copy Cite
65 citation events (65 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Fewell (nyappdiv, 2007-09-28)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" People v. Fewell
N.Y. App. Div. · 2007 · signal: see · confidence high
Although we conclude upon review of a copy of the photo array that defendant appears to have a lighter skin tone than the other black males portrayed in the photo array, the record establishes that the victim was instructed that the photographs in the array “may not depict the true complexion of a person.” Moreover, it is well established that “differences in skin tone alone will not render a lineup unduly suggestive” (People v Pointer, 253 AD2d 500, 500 [1998], lv denied 92 NY2d 1037 [1998]; see People v Quinones, 5 AD3d 1093 [2004], lv denied 3 NY3d 646 [2004]).
discussed Cited "see" People v. Rodriguez
N.Y. App. Div. · 2005 · signal: see · confidence high
Contrary to defendant’s contention, the photo array was not unduly suggestive (see People v Clark, 15 AD3d 864 [2005]; see generally People v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]). “[T]he subjects depicted in the photo array are sufficiently similar in appearance so that the viewer’s attention is not drawn to any one photograph in such a way as to indicate that the police were urging a particular selection” (People v Quinones, 5 AD3d 1093, 1093 [2004], lv denied 3 NY3d 646 [2004]; see People v Cunningham, 15 AD3d 945 [2005]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
PRATT
New York Court of Appeals.
Jun 21, 2004.
816 N.E.2d 207
Published

Application in criminal case for leave to appeal—Denied. (Kaye, Ch.J.)