Robbery Conviction Reversed Because of Suggestive Showup
The defendant was indicted for first-degree robbery, among other charges. At the suppression hearing, a police officer testified that while the complainant was standing near four suspects who had been stopped by the police in connection with a robbery, an officer “walked up to the complainant holding [a] wallet,” and the complainant “identified it immediately before . . . identif[ying] all of [the suspects] as the perpetrators.” The defendant was convicted of robbery in the first and second degrees and criminal possession of stolen property in the fifth degree. Holding that the showup was suggestive because the complainant "was asked to identify the proceeds of the crime immediatelybefore identifying the defendant," the Second Department reversed the defendant’s conviction of robbery in the first and second degrees, suppressed the showup identification, and ordered a new trial on those counts, to be preceded by an independent source hearing. The court also dismissed the defendant’s conviction of criminal possession of stolen property in the fifth degree.
John B. Latella briefed and argued the case for Appellate Advocates.