Court of Appeals of New York

Conviction for attempted robbery and two counts of assault is affirmed where the People met their burden to rebut a presumption of an unduly suggestive array after failing to preserve the computer-generated array of photographs that led to defendant's identification. The court expressly extended the presumption of suggestiveness to the People's failure to preserve a record of computer-generated photo arrays.

Appellate Information

• Published 2015/12/17

Judges

• FAHEY

Court

• Court of Appeals of New York

Counsel