People v. Rodriguez, 51 N.Y.2d 751 (1980)
Negative identification testimony, where a witness fails to identify a defendant from a photo array or lineup, is admissible to demonstrate the witness’s ability to distinguish features and the credibility of their identification, provided the individuals in the array or lineup share similar characteristics with the defendant.
Summary
The New York Court of Appeals addressed the admissibility of “negative identification” testimony, where a witness failed to identify the defendant from a photo array. The court held that such testimony is admissible to show the witness’s ability to discern specific features and assess their overall credibility. The key consideration is the similarity in appearance between the defendant and the other individuals in the array. This case clarifies the distinction between bolstering positive identification (generally inadmissible) and using negative identification to assess witness credibility (potentially admissible).
Facts
The defendant was convicted of rape based on two separate incidents with similar characteristics. In one instance, the victim, Anne L., identified the defendant in a lineup and at trial. Before the defendant’s apprehension, Detective Sheehy showed Anne L. a photo array that did not include the defendant’s picture, and she did not identify anyone. At trial, Detective Sheehy testified about this prior failure to identify.
Procedural History
The defendant was convicted of rape in the first degree. The appeal centered on the admissibility of Detective Sheehy’s testimony regarding Anne L.’s failure to identify anyone in the photo array. The Court of Appeals affirmed the conviction, finding the negative identification testimony admissible in this specific context.
Issue(s)
Whether third-party testimony regarding a witness’s failure to identify the defendant in a pre-trial photo array (negative identification testimony) is admissible at trial.
Holding
Yes, because negative identification testimony is relevant to assessing the eyewitness’s ability to distinguish features and the credibility of their subsequent identification, provided there’s a reasonable similarity between the defendant and the other individuals in the array.
Court’s Reasoning
The court distinguished negative identification testimony from the inadmissible bolstering of positive identification. The court reasoned that negative identification is not hearsay because it is not offered for the truth of the matter asserted (i.e., that the defendant *is not* the perpetrator), but rather to show the witness’s powers of observation, memory, and reasoning. Unlike positive identification testimony, negative identification doesn’t create the risk of improperly influencing the jury by repeated assertions of identification. Instead, it assists the jury in evaluating the eyewitness’s credibility. The court emphasized that the relevance of negative identification hinges on the similarity between the defendant’s features and those of the other individuals depicted in the photo array or lineup. If the defendant’s appearance is significantly dissimilar, the negative identification has limited probative value. The court also addressed the concern that negative identification could be manufactured, stating that courts should reject such testimony if it appears motivated by anything other than sincere efforts to facilitate identification. In this case, the court found the testimony admissible because Detective Sheehy testified that all individuals in the array were male blacks with short afro haircuts and no beards, thus establishing a basis for comparison. Judge Gabrielli, writing the concurrence, stated: “In each case, the relevance of negative identification testimony will depend largely on the extent to which there is some similarity between the features of the individuals the eyewitness declined to identify and the features of the defendant.”