People v. Patterson, which the New York Court of Appeals decided just before Christmas, would make a challenging question on an evidence exam. 2016 N.Y. Slip Op. 08582.
Background
Robert Patterson was convicted of second-degree burglary and robbery. The People’s theory was that Daichelle Goree went to the victim’s apartment at his invitation, and then contacted two male accomplices, who entered the apartment wearing bandanas and carrying pistols; forced the victim to the ground; taped his mouth, wrists and ankles; and took cash and personal property from him. At trial, the sole issue was whether Patterson was one of the robbers. Although the victim gave the 911 operator only a scant description (young black men about six feet tall), he later identified Patterson as one of the robbers in a lineup and at trial.
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