People v. Burgos
| Decision Date | 27 October 1995 |
| Citation | 635 N.Y.S.2d 953,86 N.Y.2d 872 |
| Parties | , 659 N.E.2d 776 People v. Burgos (Angel) |
| Court | New York Court of Appeals Court of Appeals |
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4 cases
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People v. Coker
...denied 92 N.Y.2d 847, 677 N.Y.S.2d 77, 699 N.E.2d 437 [1998] ; People v. Burgos, 219 A.D.2d 504, 505, 631 N.Y.S.2d 336 [1995], lv. denied 86 N.Y.2d 872, 635 N.Y.S.2d 953, 659 N.E.2d 776 [1995] ). The second identification occurred only minutes later after the police pursued the fleeing indi......
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People v. Harris
... ... submissions, which established that the identification procedure, rather than being a police canvass, had been completely civilian-initiated, so that it was outside the category of identifications subject to Wade hearings (see, People v Dixon, 85 N.Y.2d 218, 222-223; see also, People v Burgos, 219 A.D.2d 504, lv denied 86 N.Y.2d 872). Thus, there was no factual issue warranting a hearing (see, People v Lewis, 258 A.D.2d 287) ... The court's supplemental charge on accessorial liability, delivered in response to a note from the deliberating jury requesting further instructions on that ... ...
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People v. Davis
... ... Bracey, 41 N.Y.2d 296, 392 N.Y.S.2d 412, 360 N.E.2d 1094) were properly presented to the jury and we see no reason to disturb its findings. The court properly denied defendant's Wade ... motion summarily, insofar as the identification procedure was witness-initiated (People v. Burgos, 219 A.D.2d 504, 631 N.Y.S.2d 336, lv. denied 86 N.Y.2d 872, 635 N.Y.S.2d 953, 659 N.E.2d 776) and was not a police canvass (cf., People v. Dixon, 85 N.Y.2d 218, 623 N.Y.S.2d 813, 647 N.E.2d 1321). Finally, the prosecutor's cross-examination of defendant before the Grand Jury did not impair the ... ...
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People v. Spruill
... ... The officer's testimony at the Wade hearing established that the complainant led the officers in the direction of defendant's flight, and, without any prompting from the officers, pointed defendant out a half block from the crime scene within minutes after the robbery (see, People v. Burgos, 219 A.D.2d 504, 631 N.Y.S.2d 336, lv. denied 86 N.Y.2d 872, 635 N.Y.S.2d 953, 659 N.E.2d 776; People v. Neely, supra). There being no testimony elicited at trial that would support a contrary finding on the issue of suggestiveness, a further Wade hearing is not warranted ... ...