In re the Accounting of Bailey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• requiring a pr e-Wade hearing to be held to determine whether an identification was confirmatory when the witness had seen the defendant more than forty times at the grocery store where he worked
• “confirmatory identification” exception to requirement of pretrial hearing on admissibility of suggestive pretrial identification applies where eyewitness and defendant are “known to one another” or where defendant’s identity is not live issue at trial
• “To summarily deny a Wade hearing, the trial court had to conclude that, as a matter of law, [the identifying witness] knew defendant so well that no amount of police suggestiveness could possibly taint the identification.”
• \confirmatory identification\ exception to requirement of pretrial hearing on admissibility of suggestive pretrial identification applies where eyewitness and defendant are \known to one another\ or where defendant's identity is not live issue at trial
• “To summarily deny a Wade hearing, the trial court had to conclude that, as a matter of law, [the identifying witness] knew defendant so well that no amount of police suggestiveness could possibly taint the identification.”
• Appeal from Judgment of Supreme Court, Monroe County, Bergin, J.—Assault, 1st Degree.

Source: CourtListener parenthetical corpus (CC0).