People v. Rodriguez

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).

Cited by

329 cases in this archive cite this case; the 20 most cited are listed.

• People v. Mendoza
  New York Court of Appeals· 1993-11-22· cited 425×
• People v. Boland
  Appellate Division of the Supreme Court of New York· 2011-11-03· cited 256×
• Commonwealth v. Crayton
  Massachusetts Supreme Judicial Court· 2014-12-17· cited 226×
• People v. Breland
  New York Court of Appeals· 1994-03-22· cited 159×
• People v. Clarke
  Appellate Division of the Supreme Court of New York· 2009-10-06· cited 142×
• People v. Dixon
  New York Court of Appeals· 1995-02-23· cited 113×
• People v. Boyer
  New York Court of Appeals· 2006-03-28· cited 65×
• The People v. Kaity Marshall
  New York Court of Appeals· 2015-12-17· cited 39×
• People v. Quinones
  Appellate Division of the Supreme Court of New York· 2004-03-19· cited 39×
• State v. Liverman
  Supreme Court of South Carolina· 2012-06-06· cited 39×
• People v. Boone
  Court for the Trial of Impeachments and Correction of Errors· 2017-12-14· cited 37×
• People v. Cancer
  Appellate Division of the Supreme Court of New York· 2005-03-17· cited 31×
• People v. Casanova
  Appellate Division of the Supreme Court of New York· 2014-07-03· cited 28×
• People v. Welch
  Appellate Division of the Supreme Court of New York· 2003-12-31· cited 27×
• People v. Waring
  Appellate Division of the Supreme Court of New York· 1992-11-18· cited 27×
• People v. Whitlock
  Appellate Division of the Supreme Court of New York· 2012-05-01· cited 26×
• People v. Garner
  Appellate Division of the Supreme Court of New York· 2006-03-28· cited 25×
• People v. Cotto
  Appellate Division of the Supreme Court of New York· 1995-12-28· cited 22×
• People v. Graham
  Appellate Division of the Supreme Court of New York· 2001-05-31· cited 22×
• People v. Coleman
  Appellate Division of the Supreme Court of New York· 2010-05-25· cited 21×

Cites

13 cases in this archive are cited by this case.

• United States v. Wade
  Supreme Court· 1967-06-12· cited 8,442×
• People v. Chipp
  New York Court of Appeals· 1990-02-15· cited 936×
• People v. Gissendanner
  New York Court of Appeals· 1979-12-17· cited 590×
• People v. Dodt
  New York Court of Appeals· 1984-03-29· cited 326×
• People v. Wharton
  New York Court of Appeals· 1989-11-28· cited 278×
• People v. Tas
  New York Court of Appeals· 1980-11-13· cited 156×
• People v. Gruden
  New York Court of Appeals· 1977-07-07· cited 141×
• People v. Collins
  New York Court of Appeals· 1983-11-03· cited 101×
• People v. Newball
  New York Court of Appeals· 1990-10-23· cited 84×
• People v. Weaver
  New York Court of Appeals· 1980-05-01· cited 69×
• People v. Gordon
  New York Court of Appeals· 1990-10-23· cited 50×
• People v. Williamson
  New York Court of Appeals· 1991-12-18· cited 32×
• People v. King
  Appellate Division of the Supreme Court of New York· 1991-04-01· cited 2×