· 8/30/2023
Hiegel v. Orange Regional Med. Ctr.
Citations
- 195 N.Y.S.3d 720
- 219 A.D.3d 910
- 2023 NY Slip Op 04434
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that cross-examination is a tool that may be used to determine whether identification is reliable
- holding that “when a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection.”
- ruling defendants are protected against use of substantive evidence of their testimony offered in support of a motion to suppress evidence
- noting that suggestive identifications may not be unduly suggestive when they happen immediately following a crime because they can “spar[e] innocent suspects the ignominy of arrest by allowing eyewitnesses to exonerate them”
- adding the word “irreparable” to define the level of misidentification required to exclude out-of- court identification
- discussing limitations on suggestive identification techniques in the context of identifications by in-person eyewitnesses to a bank robbery
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.