PEOPLE v. SMITH


46 A.D.2d 639 (1974)

The People of the State of New York, Respondent, v. Robert Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1974


Although showups are generally disfavored, testimony of an identification made at a showup need not be suppressed unless it is found, upon consideration of the totality of circumstances, that the confrontation "was so unnecessarily suggestive and conducive to irreparable mistaken identification that [the defendant] was denied due process of law." (Stovall v. Denno, 388 U.S. 293, 302; People v. Logan, 25 N.Y.2d...

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