West Headnote of the Day – December 30, 2009

December 30, 2009

West's Key 110 Criminal Law
West's Key 110XVII Evidence
West's Key 110XVII(D) Facts in Issue and Relevance
West's Key 110k339.5 Identity of Accused
West's Key 110k339.8 Out-Of-Court or Pre-Trial Confrontation
West's Key 110k339.8(2) Time and Manner of Confrontation; Suggestiveness
West's Key 110k339.8(3) k. Lineup Procedure in General.

Fact that defendant was asked to smile in lineup did not render lineup unduly suggestive or indicate that police officers acted improperly; victim’s description of perpetrator to police included that he had decaying tooth and detective who organized lineup testified at suppression hearing that victim identified defendant and then asked detective to have all participants in lineup smile so that he could be sure of his identification.
People v. Thomas, 637 N.Y.S.2d 174 (N.Y. App. Div. 1996)

Suggested by Anne M. Hansen; Bittle Bosman & Hansen, PC; Saint Louis Park, MN

110 Criminal Law