Retrial Ordered Due to 'Suggestiveness' of ID Process
The Second Department panel said failing to keep the original photo arrays viewed by two complainants by itself did not mandate suppression of identification testimony, but that failure gave rise to a "presumption of suggestiveness," and a detective's "inconsistent" testimony was not detailed enough to demonstrate the procedure's fairness.
December 31, 2014 at 09:51 AM
3 minute read
Citing a faulty photo array and a suggestive lineup, a Brooklyn appeals court has overturned a conviction in a robbery case.
In light of the defects, the Appellate Division, Second Department, reversed a lower court and suppressed identification testimony.
A new trial would follow a hearing to determine whether an independent source of identification existed, the panel wrote in People v. Robinson, 2013-03764.
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