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Is New York Achieving More Reliable and Just Convictions when the Admissibility of a Suggestive Pretrial Identification is at Issue?

By   /  May 15, 2014  /  Criminal Procedure, Featured 

Gavel

In People v. Delamota, the New York Court of Appeals held a pretrial photo array was unduly suggestive and therefore in violation of the defendant’s due process rights. The court held that the photo array was suggestive because the civilian interpreter used during the identification knew the defendant prior to the pretrial photo array and influenced the victim’s identification.

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