People v. Gonzalez
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- Carlos J. Gonzalez, Jr. v. Edward Hammock, Chairman, New York State Board of Parole (2d Cir. 1981)
- Gonzalez v. Hammock (District Court, S.D. New York 1979)
- Richardson v. Superintendent of Mid-Orange Correctional Facility (District Court, E.D. New York 2009)
- People v. Patterson (N.Y. 1999)
- People v. Bulgin (New York Supreme Court 2010)
- People v. Buie (Appellate Division of the Supreme Court of New York 1996)
- People v. Bussey (New York Supreme Court 1992)
- People v. Clark (Appellate Division of the Supreme Court of New York 1991)
- People v. Harrell (New York Supreme Court 1991)
- People v. Hernandez (Appellate Division of the Supreme Court of New York 1990)
- People v. Edwards (Appellate Division of the Supreme Court of New York 1990)
- People v. Diaz (Appellate Division of the Supreme Court of New York 1989)
- People v. Bruen (Appellate Division of the Supreme Court of New York 1988)
- People v. Maddox (Appellate Division of the Supreme Court of New York 1988)
- People v. McLamb (Appellate Division of the Supreme Court of New York 1988)
- People v. Hampton (Appellate Division of the Supreme Court of New York 1987)
- People v. Covert (Appellate Division of the Supreme Court of New York 1987)
- People v. Bradley (Appellate Division of the Supreme Court of New York 1986)
- People v. Bookhart (Appellate Division of the Supreme Court of New York 1986)
- People v. Brown (Appellate Division of the Supreme Court of New York 1986)
- People v. Cummings (Appellate Division of the Supreme Court of New York 1985)
- People v. James (Appellate Division of the Supreme Court of New York 1985)
- People v. Crutchfield (Appellate Division of the Supreme Court of New York 1985)
- People v. Burton (Appellate Division of the Supreme Court of New York 1984)
- People v. Jones (Appellate Division of the Supreme Court of New York 1982)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
All three preconditions to the application of CPL 60.25 (subd 2) having been met, the testimony of Officer Moroney confirming the pretrial identification of appellant by the witness Grant was properly admissible at trial (see People v Nival, 33 NY2d 391). Appellant apparently concedes both that the identifying witness "observed the person claimed by the people to be the defendant” at the crime scene (CPL 60.25, subd 1, par [a], cl [i]) and that he was "unable at [trial] to state, on the basis of present recollection, whether or not [appellant was] the person in question” (CPL 60.25, subd 1, par [a], cl [iii]): The record contains evidence that the third condition also was met. In the presence of Officer Moroney at the station house, Grant "observed * * * a person whom he recognized” as the subject of his on-the-scene observation (CPL 60.25, subd 1, par [a], cl [ii]).
As to the constitutionality of the procedures followed by the police in connection with the so-called showup at which Grant identified appellant, our review of the record reveals ample support for the suppression court’s finding that the circumstances were not "unnecessarily suggestive”. As affirmed by the Appellate Division, which found that the showup was in fact "accidental” and that the identification thereat was spontaneous and untainted by any "untoward police conduct”, the determination is beyond our power of review (People v Gruttola, 43 NY2d 116, 122).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.