VIII. Motion To Suppress Evidence of An Identification

JurisdictionNew York

VIII. Motion to Suppress Evidence of an Identification

Eyewitness identification may be fallible for three reasons: poor encoding in the memory at the time of initial perception, subsequent faulty memory and suggestive police identification procedures.304 The first two factors are explored at trial. Subject to the discretion of the court, the defense may do this by introducing expert testimony as to why eyewitnesses' testimony may be unreliable.305 The third, suggestive police identification procedures, are, on the other hand, subject to exploration at a pretrial hearing. This hearing...

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