Notable Decisions and Other News

Decisions

Court of Appeals Reverses Robbery Conviction

06/27/2017

At Chris Price's trial on robbery charges, the People moved into evidence a photograph “found on the internet” that purportedly showed appellant holding a gun.  The profile page on which the image was found included references to appellant’s surname and contained pictures of him, but there was no reference to his full name on the page.  Over counsel’s repeated objections that the People had not properly authenticated the photograph, the court allowed it into evidence.  Appellant was convicted of robbery in the first and second degrees. 

On appeal, Appellate Advocates argued, inter alia, that the court’s authentication ruling was incorrect, but the Second Department affirmed.  Judge Fahey granted leave to appeal to the Court of Appeals.         

The Court of Appeals reversed appellant’s conviction and ordered a new trial, holding that the People had failed to authenticate the photograph and that the error was not harmless. 

Tammy Linn of Appellate Advocates represented Mr. Price in the Appellate Division, Second Department, and the Court of Appeals.