31 Cited authorities

United States v. Wade
388 U.S. 218 (1967) Cited 8,063 times 17 Legal Analyses
Holding that the Sixth Amendment provides the right to counsel at a postindictment lineup even though the Fifth Amendment is not implicated
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,681 times 5 Legal Analyses
Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
People v. Rodriguez
79 N.Y.2d 445 (N.Y. 1992) Cited 641 times 1 Legal Analyses
Holding that where "a citizen identification [is] `merely confirmatory' . . . that the People [bear the burden of showing] that the protagonists are known to one another, or [if] there is no mutual relationship, that the witness knows defendant so well as to be impervious to police suggestion."
People v. Wharton
74 N.Y.2d 921 (N.Y. 1989) Cited 294 times
In People v. Wharton (74 NY2d 921, 922-923), we explained that a trained police officer's identification of a defendant "at a place and time sufficiently connected and contemporaneous to the arrest itself as to constitute the ordinary and proper completion of an integral police procedure" was not the sort of event "ordinarily burdened or compromised by forbidden suggestiveness, warranting a lineup procedure or Wade hearing."
People v. Dixon
85 N.Y.2d 218 (N.Y. 1995) Cited 151 times
In People v. Dixon (85 N.Y.2d 218, 222), the Court of Appeals stated that "the purpose of a Wade hearing is to test identification testimony for taint arising from official suggestion during `police-arranged confrontations between a defendant and an eyewitness'" (quoting People v. Gissendanner, 48 N.Y.2d 543, 552).
People v. Chico
90 N.Y.2d 585 (N.Y. 1997) Cited 116 times
Stating that jury may consider defendant's flight as evidence of his consciousness of guilt
People v. Boyer
2006 N.Y. Slip Op. 2290 (N.Y. 2006) Cited 81 times
Rejecting appellant's contention that persistent violent felony offender statute is unconstitutional under Apprendi principles
People v. Rodriguez
100 N.Y.2d 30 (N.Y. 2003) Cited 67 times
In People v. Rodriguez, 100 N.Y.2d 30, 760 N.Y.S.2d 74 (2003), the New York Court of Appeals affirmed the trial court's denial of the defendant's motion to set aside the verdict based on juror misconduct, but noted that the trial court had determined to deny the motion only after holding a hearing.
People v. Graham
211 A.D.2d 55 (N.Y. App. Div. 1995) Cited 76 times 1 Legal Analyses
In People v Graham (211 A.D.2d 55, lv denied 86 N.Y.2d 795), police officers observed defendant engage in a series of five transactions in which unidentified individuals approached defendant, who, in exchange for currency, reached into a brown paper bag, took out a small object and handed it to the individual.
People v. Newball
76 N.Y.2d 587 (N.Y. 1990) Cited 83 times
In Newball, the defendant objected to the testimony of an undercover officer claiming that the officer had made a previous identification of defendant and the People did not serve a CPL 710.30 notice.

The People, Respondent,v.Dean Pacquette, Appellant.

31 Cited authorities

Holding that the Sixth Amendment provides the right to counsel at a postindictment lineup even though the Fifth Amendment is not implicated

Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

Holding that where "a citizen identification [is] `merely confirmatory' . . . that the People [bear the burden of showing] that the protagonists are known to one another, or [if] there is no mutual relationship, that the witness knows defendant so well as to be impervious to police suggestion."

Stating that jury may consider defendant's flight as evidence of his consciousness of guilt

Rejecting appellant's contention that persistent violent felony offender statute is unconstitutional under Apprendi principles

In People v. Rodriguez, 100 N.Y.2d 30, 760 N.Y.S.2d 74 (2003), the New York Court of Appeals affirmed the trial court's denial of the defendant's motion to set aside the verdict based on juror misconduct, but noted that the trial court had determined to deny the motion only after holding a hearing.

In Newball, the defendant objected to the testimony of an undercover officer claiming that the officer had made a previous identification of defendant and the People did not serve a CPL 710.30 notice.