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PEOPLE v. MARTE

12 N.Y.3d 583 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL MARTE, Appellant.

Court of Appeals of New York.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Paul Skip Laisure, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Camille O'Hara Gillespie and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We held in People v Adams (53 N.Y.2d 241 [1981]) that evidence of an unnecessarily suggestive police-arranged identification of a criminal suspect must be suppressed as a matter of state constitutional law. We hold today that no similar per se rule applies to an identification in which the police are not involved. While suggestiveness...

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