42 N.Y.2d 94 (1977)

A jury verdict based on extensive identification testimony, even with minor inconsistencies, will be upheld if there is sufficient evidence for a reasonable jury to conclude guilt beyond a reasonable doubt, and the Court of Appeals will not disturb findings of fact unless they are incredible as a matter of law.

Summary

Brown was convicted of robbery and assault charges stemming from an armed robbery at O’Lunney’s Steak House. Multiple witnesses, including police officers and civilians, identified Brown as the perpetrator. Brown appealed, arguing mistaken identity and challenging the sufficiency of the identification evidence. The Court of Appeals affirmed the conviction, holding that the extensive identification testimony presented at trial was sufficient for the jury to find Brown guilty beyond a reasonable doubt, and that the court cannot overturn the factual finding unless the testimony was incredible as a matter of law.

Facts

Police officers observed Brown acting suspiciously near O’Lunney’s Steak House. They followed him inside, where he ordered a drink, then robbed the restaurant at gunpoint, shooting a patron and a police officer. Multiple witnesses, including the officers, the bartender, and customers, identified Brown as the robber. During his escape, Brown dropped his gun and the stolen money, which were later recovered. The defense argued mistaken identity, claiming Brown was merely an innocent bystander who was apprehended after the crime.

Procedural History

Brown was convicted in a jury trial of first-degree robbery, first-degree assault (two counts), attempted first-degree assault (three counts), and felony weapon possession. The Appellate Division unanimously affirmed the convictions. Brown appealed to the New York Court of Appeals, arguing the prosecution failed to prove his guilt beyond a reasonable doubt and that the pre-trial lineup was suggestive.

Issue(s)

1. Whether the People presented sufficient evidence to prove Brown’s guilt beyond a reasonable doubt, given his claim of mistaken identity?

2. Whether the pre-trial lineup identification procedure was impermissibly suggestive, thus warranting suppression of the identification evidence?

Holding

1. Yes, because there was extensive identification testimony from multiple witnesses, including police officers and civilians, who identified Brown as the perpetrator.

2. No, because there was no evidence that the lineup procedure was prejudicial or suggestive, and Brown’s counsel was present during the lineup and had the opportunity to observe the procedure.

Court’s Reasoning

The Court of Appeals emphasized that issues of credibility are primarily for the jury to decide. Seven witnesses identified Brown as the robber and shooter. The Court found the evidence sufficient in quantity and quality to support the jury’s verdict. The Court stated that it cannot review determinations of fact unless they are unsupported or incredible as a matter of law, citing People v. Oden, 36 NY2d 382, 386. The Court also rejected Brown’s claim of an impermissibly suggestive pre-trial lineup, noting that his counsel was present and had the opportunity to observe the procedure. Photographs of the lineup were available, and the names of all witnesses who participated in the lineup were provided to the defense. The Court cited People v. Blake, 35 NY2d 331, 340 in support of the denial of the motion to suppress. The court is constitutionally restricted from reviewing the facts unless they are incredible as a matter of law. Because of the overwhelming identification testimony, the court found the Appellate Division’s order and the jury verdict to be proper.