tag:blogger.com,1999:blog-12583005.post114751806084567220..comments2023-01-04T02:09:40.565-05:00Comments on Albany Lawyer: Criminal Defense: The Show-Up IdentificationAnonymoushttp://www.blogger.com/profile/16942422727278141113noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-12583005.post-60001490885251960142011-11-04T17:33:30.432-04:002011-11-04T17:33:30.432-04:00Got it, thank you!Got it, thank you!R.Krusenoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-63270415630663542922011-11-04T17:08:54.769-04:002011-11-04T17:08:54.769-04:00No, I haven't seen that kind of "show up,...No, I haven't seen that kind of "show up," but I'm sure it happens. Ultimately the question for the Court would be whether the method used was "unduly suggestive" and whether it otherwise lacked the safeguards of a normal lineup.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-48566031725626493682011-11-04T15:39:41.331-04:002011-11-04T15:39:41.331-04:00Have you ever encountered this scenario before? --...Have you ever encountered this scenario before? -- Multiple suspects are rounded up from the area shortly after the crime and are presented to the witness all together in a group. Would this be considered a "show up," even though the suspects weren't presented individually to the witness?R.Krusenoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-1162841368510868732006-11-06T14:29:00.000-05:002006-11-06T14:29:00.000-05:00The other relevant federal case I know about is Pe...The other relevant federal case I know about is People v. Bratcher, 291 A.D.2d 878, 737 N.Y.S.2d 451 (4th Dep't 2002). This cite is for the state court case. Leave to appeal was denied and they took it to federal court in the WDNY. I don't have a cite for the federal case but found it on Westlaw.<BR/><BR/>In the case I had, the lineup was very suggestive and might have been thrown out, but the Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-1162767698248866892006-11-05T18:01:00.000-05:002006-11-05T18:01:00.000-05:00I am a first year law student writing a memo conce...I am a first year law student writing a memo concerning the unnecessarily suggestiveness of a hypothetical 'show-up' identification for a due process project. <BR/><BR/>I have found Neil v. Biggers which was later affirmed by Manson v. Brathwaite as to the "totality of circumstances" blah blah blah 5 factors test for allowing the admission of identification evidence despite its suggestibility ...Anonymousnoreply@blogger.com