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People v. Love

The People of the State of New York v. William Love

People v. Love, 443 N.E.2d 948 (N.Y. 1982)
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Court
New York Court of Appeals · State Highest Courts
Decided
November 11, 1982
Citations
443 N.E.2d 94857 N.Y.2d 1023457 N.Y.S.2d 4741982 N.Y. LEXIS 3857
Cited by 270 1 descriptions by later courts

Opinion of the Court

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

To the extent that defendant seeks to argue that the showup was not necessary because Officer Phillips had himself identified defendant, the point has not been preserved for our review. Moreover, though the better practice when feasible is not to conduct a showup before a group of witnesses (People v Adams, 53 NY2d 241, 249 ), procedures that are less than ideal may, as Adams held, be tolerable in the interest of prompt identification. This is particularly so in a case such as the present, in view of the proximity of the *1025 apprehension of defendant in time and space (five minutes and one block, cf. People v Brnja, 50 NY2d 366 ) to the scene of the crime. Nor was there any allegation that the conduct of the police was in any way impermissibly suggestive.

Defendant’s second claim of error, bolstering contrary to People v Trowbridge ( 305 NY 471 ), was not preserved, the objection stated having been no more than the one word “objection” (People v West, 56 NY2d 662 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in memorandum.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 270 cases

View all citing references →
1983: 21984: 61985: 111986: 261987: 271988: 171989: 211990: 291991: 271992: 111993: 111994: 81995: 141996: 41997: 51998: 71999: 82001: 62002: 42003: 22004: 62005: 12007: 32008: 12011: 42014: 22015: 22016: 42026: 119832026peak 1990 · 29

Relies on it most ⓘ

  1. People v. Howard128 Misc. 2d 203 (N.Y. Sup. Ct. 1985)
  2. People v. Brisco788 N.E.2d 611 (N.Y. 2003)
  3. People v. Delgado124 Misc. 2d 1040 (N.Y. Sup. Ct. 1984)
  4. People v. Alvarez154 Misc. 2d 204 (N.Y. Sup. Ct. 1992)
  5. People v. Duuvon571 N.E.2d 654 (N.Y. 1991) · Concurrence
  6. People v. Mitchell185 A.D.2d 249 (1992)

Most recent

  1. People v. Perry2026 NY Slip Op 01617 (N.Y. App. Div. 2026)
  2. People v. McLean2016 NY Slip Op 6773
  3. People v. Reyes142 A.D.3d 868 (2016)
  4. People v. Vincenty138 A.D.3d 428 (2016)
  5. People v. Lewis135 A.D.3d 961 (2016)
  6. People v. Jackson50 Misc. 3d 597 (N.Y. Sup. Ct. 2015)

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 4

DepthCaseCited by
People v. Adams, 423 N.E.2d 379 (N.Y. 1981) 360
People v. Trowbridge, 113 N.E.2d 841 (N.Y. 1953) 393
People v. Brnja, 406 N.E.2d 1066 (N.Y. 1980) 250
People v. West, 436 N.E.2d 1313 (N.Y. 1982) 113

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