What is the burden of proving that a pretrial identification procedure was unduly suggestive?
"New York", United States of America
The following excerpt is from People v. Irizarry, 2017 NY Slip Op 32556 (U) (N.Y. Cty. Ct. 2017):
going forward to establish the reasonableness of the police conduct and the lack of any undue suggestiveness in a pretrial identification procedure, it is the defendant who bears the ultimate burden of proving that the procedure was unduly suggestive (People v. Berrios, 28 N.Y.2d 361, 321 N.Y.S.2d 884, 270 N.E.2d 709)." People v. Chipp, 75 N.Y.2d 327, 335.
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