Commonwealth v. Desrosier

Massachusetts Appeals Court

Commonwealth v. Desrosier

329 N.E.2d 153, 3 Mass. App. Ct. 700, 1975 Mass. App. LEXIS 695

DecidedJanuary 23, 1975

StatusPublished

This text of 329 N.E.2d 153 (Commonwealth v. Desrosier) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Desrosier, 329 N.E.2d 153, 3 Mass. App. Ct. 700, 1975 Mass. App. LEXIS 695 (Mass. Ct. App. 1975).

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Opinion

There was no error in denying the motion to suppress the victim’s in-court identification of the defendant. There was “clear and convincing evidence” (United States v. Wade, 388 U. S. 218, 240 [1967]) at the voir dire which supported (if it did not compel) the judge’s findings that such identification would be based “solely” on the victim’s actual observations of the defendant over a period of at least two hours during the night in question and that “[i]n no way was the [suppressed] police-station episode so impermissibly suggestive as to lead inevitably to irreparable mistaken in-court identification.” Compare Commonwealth v. Hands, 2 Mass. App. Ct. 890 (1974).

Judgment affirmed.

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There was no error in denying the motion to suppress the victim’s in-court identification of the defendant. There was “clear and convincing evidence” (United States v. Wade, 388 U. S. 218, 240 [1967]) at the voir dire which supported (if it did not compel) the judge’s findings that such identification would be based “solely” on the victim’s actual observations of the defendant over a period of at least two hours during the night in question and that “[i]n no way was the [suppressed] police-station episode so impermissibly suggestive as to lead inevitably to irreparable mistaken in-court identification.” Compare Commonwealth v. Hands, 2 Mass. App. Ct. 890 (1974).

Judgment affirmed.

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Bluebook (online)

329 N.E.2d 153, 3 Mass. App. Ct. 700, 1975 Mass. App. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-desrosier-massappct-1975.

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