15.32 - C. Cross-Examination Of Witness Who Identified Defendant At A Lineup

JurisdictionNew York

c. Cross-Examination of Witness Who Identified Defendant at a Lineup

Where a witness was unable to provide other than a general description of the perpetrator but then picked the defendant out of a lineup, the best approach is to highlight the general nature of the description and elicit the concession that it fits many people the witness knows and could fit many more people. Defense counsel should then show how dissimilar the lineup was to the event in question and how his client was isolated or in some...

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