California, United States of America
The following excerpt is from People v. Pervoe, 161 Cal.App.3d 342, 207 Cal.Rptr. 622 (Cal. App. 1984):
Appellant, however, has not established standing by which he may contest an alleged violation of his sister's due process rights. In the lower [161 Cal.App.3d 359] court, his trial counsel cited People v. Bisogni (1971) 4 Cal.3d 582, 94 Cal.Rptr. 164, 483 P.2d 780, which provides that a defendant has standing to seek to suppress an unfair and suggestive police show-up identification of a "coparticipant" in a crime when that identification somehow relates to the identity of the defendant on trial. (Id., at p. 586, 94 Cal.Rptr. 164, 483 P.2d 780.) We agree with the trial court's conclusion that Bisogni is distinguishable from the present case. Here, appellant's sister was not a coparticipant in the crime. The assailant and his companion were described as being two black males in their mid-twenties. Appellant's sister was merely identified as a member of the party in the cab ride from San Francisco to Richmond.
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