evidence at the Wade hearing (New York) · Go Syfert
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evidence at the Wade hearing in New York

5 New York opinions name it 1 courts 1992–2004 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
People v. Ryangreen
ny · 1993 · cited in 1 New York opinions naming this issue, 1997–1997
2 sentences

1997Finally, because the charges against defendant were committed prior to the legislative annulment of the principles espoused in People v Ryan ( 82 NY2d 497 ; see, L 1995, ch 75), the People were required to prove beyond a reasonable doubt not only that defendant was aware that he possessed cocaine, but also that its aggregate weight was at least four ounces (see, People v Ryan, supra, at 506).

1997Finally, because the charges against defendant were committed prior to the legislative annulment of the principles espoused in People v Ryan ( 82 NY2d 497 ; see, L 1995, ch 75), the People were required to prove beyond a reasonable doubt not only that defendant was aware that he possessed cocaine, but also that its aggregate weight was at least four ounces (see, People v Ryan, supra, at 506).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
People v. Davis green
nyappdiv · 2001
1 sentence

2004The evidence at the Wade hearing established that the witness, an employee of Piercing Pagoda, had a significant amount of time to observe defendant and that their face-to-face interaction was sufficient to provide the witness with a basis independent of the showup identification to identify defendant in court as the man who used the stolen credit card (see People v Davis, 289 AD2d 977 [2001], lv denied 98 NY2d 636 [2002]).

12004–2004
People v. Mike green
nyappdiv · 2001
1 sentence

2001The evidence at the Wade hearing established that the witness knew defendant, and thus the showup identification was merely confirmatory (see, People v Mike, 283 AD2d 989 , Iv denied 96 NY2d 904 ).

12001–2001
People v. Garcia neutral
nyappdiv · 1995
1 sentence

2001It is therefore unnecessary to consider whether the passage of time between the crime and the showup identification, conceded to be excessive by the People, rendered the procedure unduly suggestive (see, People v Joseph, 244 AD2d 504, 504-505 , Iv denied 91 NY2d 893 ; People v Garcia, 216 AD2d 412 , Iv denied 86 NY2d 794 ).

12001–2001
People v. Joseph neutral
nyappdiv · 1997
1 sentence

2001It is therefore unnecessary to consider whether the passage of time between the crime and the showup identification, conceded to be excessive by the People, rendered the procedure unduly suggestive (see, People v Joseph, 244 AD2d 504, 504-505 , Iv denied 91 NY2d 893 ; People v Garcia, 216 AD2d 412 , Iv denied 86 NY2d 794 ).

12001–2001
People v. Mosley green
nyappdiv · 1985
1 sentence

1995Defendant’s guilt of the two robberies was established beyond a reasonable doubt based upon legally sufficient evidence proving his identity as the perpetrator of each crime (People v Mosley, 112 AD2d 812, affd 67 NY2d 985 ).

11995–1995
People v. Mosley green
ny · 1986
1 sentence

1995Defendant’s guilt of the two robberies was established beyond a reasonable doubt based upon legally sufficient evidence proving his identity as the perpetrator of each crime (People v Mosley, 112 AD2d 812, affd 67 NY2d 985 ).

11995–1995
People v. Rodriguez green
ny · 1992
1 sentence

1992We agree with defendant that the evidence at the Wade hearing was insufficient to show that the complainant’s precinct showup identification was confirmatory, based as it was on nothing more than the testimony of police officers that the complainant had informed them that he knew defendant from the neighborhood, and that a ruling based on evidence of specific knowledge was therefore required (People v Rodriguez, 79 NY2d 445 ).

11992–1992
People v. Johnson green
nyappdiv · 1991
1 sentence

1992However, in view of the overwhelming independent evidence of defendant’s guilt other than the in-court identification by the complainant, the court’s error was harmless (see, People v Johnson, 169 AD2d 779 , lv denied 77 NY2d 996 ).

11992–1992

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