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People v. Gonzalez

The People of the State of New York v. Carlos Gonzalez

People v. Gonzalez, 389 N.E.2d 834 (N.Y. 1979)
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Court
New York Court of Appeals · State Highest Courts
Decided
March 27, 1979
Citations
389 N.E.2d 83446 N.Y.2d 1011416 N.Y.S.2d 2391979 N.Y. LEXIS 1924
Cited by 29

Opinion of the Court

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 29 cases

View all citing references →
1979: 21980: 11981: 11982: 31984: 11985: 31986: 31987: 21988: 31989: 11990: 21991: 21992: 11996: 11999: 12009: 12010: 119792026peak 1982 · 3

Relies on it most ⓘ

  1. Carlos J. Gonzalez, Jr. v. Edward Hammock, Chairman, New York State Board of Parole639 F.2d 844 (2d Cir. 1981)
  2. Gonzalez v. Hammock477 F. Supp. 730 (S.D.N.Y. 1979)
  3. Richardson v. Superintendent of Mid-Orange Correctional Facility639 F. Supp. 2d 266 (E.D.N.Y. 2009)
  4. People v. Patterson710 N.E.2d 665 (N.Y. 1999)
  5. People v. Brown117 A.D.2d 741 (1986)
  6. People v. James111 A.D.2d 254 (1985)

Most recent

  1. People v. Bulgin29 Misc. 3d 286 (N.Y. Sup. Ct. 2010)
  2. Richardson v. Superintendent of Mid-Orange Correctional Facility639 F. Supp. 2d 266 (E.D.N.Y. 2009)
  3. People v. Patterson710 N.E.2d 665 (N.Y. 1999)
  4. People v. Buie226 A.D.2d 215 (1996)
  5. People v. Bussey155 Misc. 2d 916 (N.Y. Sup. Ct. 1992)
  6. People v. Harrell151 Misc. 2d 803 (N.Y. Sup. Ct. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
People v. Gruttola, 371 N.E.2d 506 (N.Y. 1977) 174
People v. Nival, 308 N.E.2d 883 (N.Y. 1974) 51

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