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PEOPLE v. BOYER

6 N.Y.3d 427 (2006)

846 N.E.2d 461

813 N.Y.S.2d 31

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BOYER, Appellant.

Court of Appeals of the State of New York.

Decided March 28, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alan Gadlin and Mark Dwyer of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Chief Judge HAYE: Judge R.S. SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

The People ask us to extend the "confirmatory identification" exception derived from People v Wharton (74 N.Y.2d 921 [1989]) to situations where a police officer's initial encounter with a suspect and subsequent identification of that suspect are temporally related, such that the two might be considered part of a single police...

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