People v. Jackson, 98 N.Y.2d 555 (2002)

When a lineup photograph is lost after a Wade hearing, the appellate court must determine if the exhibit is of substantial importance and whether the information it contains is otherwise available in the record; if the information is available, the loss of the exhibit does not prevent proper appellate review.

Summary

Ronald Jackson was convicted of robbery, assault, and weapons charges stemming from an armed robbery. The key issue on appeal was the effect of the post-Wade hearing loss of a lineup photograph on the defendant’s challenge to the hearing court’s determination that the lineup was not unduly suggestive. The Court of Appeals held that the loss of the photograph did not automatically require reversal, as long as the information contained in the photograph was otherwise available in the record for appellate review. Because a photocopy of the lineup was available and used at trial, the loss of the original photograph did not prevent meaningful appellate review.

Facts

Jackson and a co-defendant robbed two men at gunpoint. Police, responding to the scene, traced the getaway car to the co-defendant’s mother. They found Jackson near the car. The shooting victim described the assailant to police. A detective, noting Jackson’s age, height, and weight, arranged a lineup with four fillers of similar size and skin tone. Jackson chose his position. The detective photographed the lineup and noted the fillers’ ages. The victim identified Jackson in the lineup. Before trial, Jackson moved to suppress the identification testimony, arguing that the fillers were much older. The trial court denied the motion after examining the photograph.

Procedural History

The defendant and co-defendant were indicted on multiple counts of robbery and assault. Prior to trial, the defendant moved to suppress the identification testimony from a lineup. The trial court denied the motion. At trial, a detective testified the original lineup photo was misplaced; a photocopy was admitted without objection. The jury convicted Jackson on robbery, assault, and weapons counts but acquitted him of attempted murder. The Appellate Division affirmed the conviction. The Court of Appeals granted leave to appeal.

Issue(s)

1. Whether the loss of a lineup photograph after a Wade hearing automatically requires reversal of a conviction when the defendant argues the lineup was unduly suggestive.

2. Whether an age discrepancy between a defendant and the fillers in a lineup, without more, is sufficient to create a substantial likelihood that the defendant would be singled out for identification.

Holding

1. No, because an appellate court must determine if the exhibit is of ‘substantial importance’ and if the information it contains is accurately reflected in the record. If the information is reflected in the record and its accuracy is not disputed, the loss of the exhibit itself would not prevent proper appellate review.

2. No, because an age discrepancy alone is not enough to make a lineup unduly suggestive, absent a showing of other factors that would make the defendant stand out.

Court’s Reasoning

The Court of Appeals affirmed the conviction, finding that the loss of the lineup photograph did not preclude meaningful appellate review. The Court cited People v. Yavru-Sakuk, 98 N.Y.2d 56 (2002), for the principle that when a trial exhibit is lost, an appellate court must determine if the exhibit is of “substantial importance” to the issues in the case. If so, the court must then determine whether the information contained in the exhibit is accurately reflected elsewhere in the record. Here, the Court found that a photocopy of the lineup photograph, admitted into evidence at trial without objection and used by defense counsel, provided sufficient information for appellate review. The Court emphasized that “an age discrepancy between a defendant and the fillers in a lineup, without more, is not ‘sufficient to create a substantial likelihood that the defendant would be singled out for identification’ (Chipp, 75 NY2d at 336).” The Court also noted that the victim never mentioned the perpetrator’s age in the description provided to police. The Court cautioned that the original lineup photograph is preferable and that counsel and trial courts should take great care in preserving exhibits that play a key role in a defendant’s case.