Second Department Suppresses Evidence, Orders New Trial
At the pretrial suppression hearing in this robbery case, a police officer testified that he issued an I–Card for the defendant, but he also testified that the defendant was arrested “on a different matter," and there was no testimony from the arresting officer regarding what information he possessed or how he received that information. Under these circumstances, the Second Department concluded, "there was insufficient evidence from which to infer that the police arrested the defendant pursuant to the I–Card or at the direction of [the officer]," and the People did not introduce any evidence concerning the circumstances of the defendant's arrest.
The Second Department held that the People had failed to prove that the defendant was arrested lawfully and that the lower court should have suppressed the lineup identification and the defendant's statement to the police. Since the error was not harmless, a new trial was warranted.
Ronald Zapata briefed and argued the case in the Second Department.