MEMORANDUM & ORDER Defendant Kevin Edwards, also known as “Cuzzo,” is charged in a one-count indictment with possessing ammunition as a convicted felon, in violation of 18 U.S.C. §§922(g)(1), 924(a)(2), 924e(1), and 3351 et seq. (Indictment 1, Docket Entry No. 7.) On December 20, 2021, Edwards moved to suppress out-of-court identifications of him and to dismiss the indictment, alleging that his “due process rights were violated by impermissibly suggestive identification procedures.” (Def.’s Mot. to Suppress (“Def.’s Mot.”) 2, Docket Entry No. 24.) On June 30, 2022, the Court held a hearing, (Min. Entry dated July 8, 2022; Tr. of Suppression Hr’g held on June 30, 2022 (“Tr.”) 1), heard testimony from New York City Police Department (“NYPD”) Detectives Sean Meade and Daniel Gukelberger, and viewed video footage, (Tr. 99:16-22). The parties also submitted written briefs. (Gov’t Opp’n to Def.’s Mot. (“Gov’t Opp’n”), Docket Entry No. 36; Def.’s Reply Mem. in Supp. of Def.’s Mot. (“Def.’s Reply”), Docket Entry No. 38.) For the reasons discussed below, the Court denies Edwards’ motion. I. Background a. February 8, 2020 incident On February 8, 2020, at approximately 12:19 PM, unidentified individuals called 911 to report multiple gunshots in the vicinity of 101st Street and Northern Boulevard in Queens, New York. (Compl. 1, Docket Entry No. 1.)1 NYPD officers responded to the scene and discovered a male victim (the “Victim”) who had suffered multiple gunshot wounds to the torso and legs. (Id.) The Victim was transported to Elmhurst General Hospital, where he was pronounced dead. (Id.) NYPD officers recovered surveillance videos from the scene and six .40 caliber shell casings. (Id. 2.) Law enforcement also conducted a review of license plate reader records for the area surrounding the shooting. (Id. 5.) At approximately 12:12 PM, three minutes prior to the shooting, a NYPD patrol vehicle’s reader recorded a vehicle with a New York State license plate JLR6489 in the vicinity of 34th Avenue and 102nd Street in Queens, New York, approximately one block south of the shooting.2 (Id.) Law enforcement later learned that this vehicle was a black Volkswagen Atlas registered to Edwards. (Id.) On or about February 13, 2020, a witness (“Witness-1″) reviewed the video footage of the shooting and identified the shooter as “Kevin” and “Cuzzo.” (Id. 6.) On or about December 3, 2020, Detective Gukelberger reviewed the video of the shooting and identified the shooter as Edwards. (Id. 8.) b. Indictment On March 26, 2011, a federal grand jury indicted Edwards on one count of possessing ammunition as a convicted felon. (Indictment 1.) Edwards was arraigned on May 21, 2021 and pleaded not guilty. (Min. Entry dated May 21, 2021.) c. Motion to suppress Edwards moved to suppress out-of-court identifications and dismiss the indictment, claiming that his “due process rights were violated by impermissibly suggestive identification procedures.” (Def.’s Mot. 2.) Edwards contends that on February 8, 2020, he was not in the vicinity of 101st Street and Northern Boulevard in Queens and did not possess ammunition. (Id.
3-4.) In addition, Edwards claims that he reviewed still photographs of the NYPD surveillance footage and that “the photographs are of such suboptimal quality that absent impermissible police suggestiveness,” the “reliable identification of anyone purported to be depicted in the video footage” by Witness-1 or Detective Gukelberger “is highly implausible.”3 (Id.
