New York Identification Law: The Wade Hearing/The Trial
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Intended to be a complete resource and research tool for both trial and appellate attorneys and judges, this resource is the first treatise of its kind to offer comprehensive coverage on the legal issues arising before and during trial in identification cases in New York. The publication is divided into two sections: the Wade hearing and the trial. Topical coverage in the Wade hearing section includes criminal procedure law section 710.30, the right to counsel at identification procedures, and identification as fruit of unlawful search and seizure. Topical coverage in the trial section includes constitutional challenges to the in-court identification, evidentiary issues of admissibility, and jury instructions.
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Table of contents
Part I. The Wade Hearing
Ch. 1 - Criminal Procedure Law § 710.30
Ch. 2 - The Motion to Suppress
Ch. 3 - Right to Counsel at Identification Procedures
Ch. 4 - Due Process and Undue Suggestiveness
Ch. 5 - Identification as Fruit of Unlawful Search and Seizure
Ch. 6 - Independent Source
Ch. 7 - The Wade Hearing
Ch. 8 - Appellate Review of Wade Issues
Part II. The Trial
Ch. 9 - Constitutional Challenges to the In-Court Identification
Ch. 10 - Sufficiency of Identification Evidence
Ch. 11 - Evidentiary Issues of Admissibility
Ch. 12 - Photographs, Sketches, Videotapes, and Audiotapes
Ch. 13 - The Mistaken Identity Defense
Ch. 14 - Jury Instructions
Table of Cases
Appendix - Selected CPL Provisions