Appellate Division of the Supreme Court of New York, 2002

People v. Ashe

Appellate Division of the Supreme Court of New York · Decided August 5, 2002

297 A.D.2d 287; 746 N.Y.2d 38; 746 N.Y.S.2d 38; 2002 N.Y. App. Div. LEXIS 7809

Cases that cite this one

4 later published cases cite this decision.

People v. Johnson (Westchester County Court 2022)
People v. Gray (Appellate Division of the Supreme Court of New York 2016)
People v. Hatcher (Appellate Division of the Supreme Court of New York 2010)
People v. Ortiz (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Contrary to the defendant’s contention, the record supports the hearing court’s conclusion that the complainant had an independent basis for identifying the defendant at trial. A witness may identify a perpetrator of a crime as part of his or her in-court testimony, notwithstanding the existence of a procedurally defective pretrial identification procedure, provided that the People establish by clear and convincing evidence that the in-court identification is based upon the witness’ independent observation of the defendant (see People v Thomas, 51 *288NY2d 466; People v Hyatt, 162 AD2d 713). Here, the evidence shows that the defendant stood over the complainant and spoke to her, during which time the complainant had an unobstructed view of the defendant under good lighting conditions. These facts established her independent ability to identify the defendant; therefore, suppression of the in-court identification was properly denied. Santucci, J.P., Altman, S. Miller and Luciano, JJ., concur.

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