People v. Dickerson
| Decision Date | 24 June 1980 |
| Citation | 431 N.Y.S.2d 453,409 N.E.2d 927,50 N.Y.2d 937 |
| Parties | , 409 N.E.2d 927 The PEOPLE of the State of New York, Respondent, v. David DICKERSON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 67 A.D.2d 122, 414 N.Y.S.2d 712, should be affirmed.
That court affirmed defendant's conviction agreeing with the suppression court that the complainant's pretrial corporeal identification of defendant was not impermissibly suggestive and that there were independent bases for defendant's in-court identification by both the complainant and the police officer. Each of these affirmed determinations is beyond the scope of our review unless it were to be concluded that it was erroneous as a matter of law. There was, however, no error of law in any of these determinations.
We have examined defendant's associated contentions and find them to be without merit.
Order affirmed in a memorandum.
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People v. Marshall
...623 [2006], citing People v. Malloy, 55 N.Y.2d 296, 300, 449 N.Y.S.2d 168, 434 N.E.2d 237 [1982] ; People v. Dickerson, 50 N.Y.2d 937, 938, 431 N.Y.S.2d 453, 409 N.E.2d 927 [1980] ).On the record before us we cannot say there is no support for the court's finding. The complainant testified ......
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People v. Marshall
...623 [2006], citing People v. Malloy, 55 N.Y.2d 296, 300, 449 N.Y.S.2d 168, 434 N.E.2d 237 [1982] ; People v. Dickerson, 50 N.Y.2d 937, 938, 431 N.Y.S.2d 453, 409 N.E.2d 927 [1980] ).On the record before us we cannot say there is no support for the court's finding. The complainant testified ......
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...unless there is an alleged error of law. (People v. Wilson, 64 N.Y.2d 634, 485 N.Y.S.2d 40, 474 N.E.2d 248; People v. Dickerson, 50 N.Y.2d 937, 431 N.Y.S.2d 453, 409 N.E.2d 927, affg. 67 A.D.2d 122, 414 N.Y.S.2d 712; see also, People v. Rodriguez, 64 N.Y.2d 738, 740-741, 485 N.Y.S.2d 976, 4......
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...and the identification. The majority then goes on to uphold the mixed "determination of law and fact" (see, People v. Dickerson, 50 N.Y.2d 937, 431 N.Y.S.2d 453, 409 N.E.2d 927) purportedly made by the courts below that "the officer's observation of defendant at the station house approximat......