Notable Decisions and Other News
Reversal: Suggestive Lineup and Photo Array Suppressed
December 11, 2013
The Second Department reversed the conviction of Appellate Advocates client Kashawn Dobbins, finding that the photo array and lineup used to identify Mr. Dobbins were both suggestive. The court explained that the photo array was presumptively suggestive because the police did not remember any information about it. With respect to the lineup, Mr. Dobbins was “the only person” who could have possibly matched the complainant’s description. Because the complainant’s identification was the only evidence against Mr. Dobbins, the court overturned his conviction.
Allegra Glashausser briefed and argued the case.