What is the test for denying a motion to suppress identification evidence at trial?

"New York", United States of America

The following excerpt is from People v. Mohamed, 58 Misc.3d 1205 (A), 94 N.Y.S.3d 540 (Table) (N.Y. Crim. Ct. 2018):

The People gave CPL 710.30(1)(b) notice that they intend to introduce identification evidence against the defendant at trial. A court may summarily deny a suppression motion without a hearing only if "[t]he motion papers do not allege a ground constituting [a] legal basis for the motion" ( CPL 710.60[3][a], People v. Boyer , 6 NY3d 427, 431 [2006] ). The defendant's motion alleges the identification procedure used was unreliable and unduly suggestive; consequently, the defendant is entitled to a Wade hearing.

Other Questions


What is the test for identification evidence in the context of a motion where identification evidence is denied? (MultiRegion, United States of America)
Can a motion to suppress evidence obtained with an invalid search warrant be denied if the officers who obtained the evidence had a reasonable belief in its validity? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Can a suppression motion be denied on the grounds that neither severability nor plain view doctrine support denial of the suppression motion? (MultiRegion, United States of America)
Does the exclusionary rule apply in a motion to suppress evidence in a criminal trial in federal court when the evidence was solely the product of a state investigation? (MultiRegion, United States of America)
Can a motion for a new trial be denied if the government fails to disclose any of the impeachment evidence set out in support of the motion? (MultiRegion, United States of America)
Can a suppression motion be denied on the grounds that neither severability nor plain view doctrine support denial of the suppression motion? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.