Robbery Conviction Reversed Because of Suggestive Identification
December 24, 2014
The Second Department reversed John Robinson's first-degree robbery conviction finding that the photo array and lineup used to identify him were both suggestive. The court explained that the photo array was presumptively suggestive because the police did not preserve the array and the detective’s testimony was not detailed enough to show the array was fair.
With respect to the lineup, Mr. Robinson appeared significantly younger than three of the fillers. This age disparity was “sufficiently apparent as to orient the viewer” towards Mr. Robinson as a perpetrator.
Nao Terai briefed and argued the case.