What is the burden of proving that identification procedures used at trial were unduly suggestive?
"New York", United States of America
The following excerpt is from People v. Jackson, 59 Misc.3d 244, 71 N.Y.S.3d 804 (N.Y. City Ct. 2018):
the identification procedures used, but the defendant then has the burden of showing, by a preponderance of the evidence, that the identification procedures were unduly suggestive. People v. Chipp , 75 N.Y.2d 327, 553 N.Y.S.2d 72, 552 N.E.2d 608 (1990) ; People v. Ballott , 20 N.Y.2d 600, 286 N.Y.S.2d 1, 233 N.E.2d 103 (1967).
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