People v. Allweiss, 48 N.Y.2d 40 (1979)

An in-court identification is admissible if it has an independent basis, even if a prior showup identification was impermissibly suggestive.

Summary

The New York Court of Appeals held that in-court identifications of the defendant by two assault victims were admissible, despite a suppressed hospital showup, because the victims’ detailed observations of the defendant during the attacks provided an independent basis for the identifications. The court also upheld the trial court’s decision to deny the defendant’s motion to sever the counts related to each victim, citing striking similarities in the execution of the crimes and the defendant’s likely presence in the area.

Facts

Two separate assaults occurred. The victims were able to observe the defendant closely and in detail during the course of the attacks. Prior to trial, a hospital showup was conducted where the victims identified the defendant. The trial court suppressed the hospital showup identification as impermissibly suggestive.

Procedural History

The defendant was tried on multiple counts relating to the assaults of two separate victims. The trial court denied the defendant’s motion to sever the counts relating to each victim. The Appellate Division affirmed the trial court’s judgment. The case was appealed to the New York Court of Appeals.

Issue(s)

1. Whether the in-court identifications of the defendant were admissible, given the suppressed hospital showup.
2. Whether the trial court erred in denying the defendant’s motion to sever the counts relating to the two separate assaults.

Holding

1. Yes, because the close and detailed observations of the defendant separately made during the course of the attacks by each of the two victims were sufficient to provide independent bases for the subsequent in-court identifications.
2. No, because the circumstances surrounding the commission of the two crimes indicate striking similarities in their methods of execution as well as in the nature of the weapons employed, and each took place within a time span consistent with the defendant’s presence in the area where both were committed.

Court’s Reasoning

The Court of Appeals reasoned that even though the hospital showup was impermissibly suggestive, the victims’ independent recollections and detailed observations during the assaults provided a sufficient basis for their in-court identifications. The court relied on People v. Ballott, stating that a prior suggestive identification does not automatically taint a subsequent in-court identification if the latter has an independent source. The Court cited Neil v. Biggers for guidance on assessing the reliability of identification testimony. Regarding the severance motion, the court found that the trial court did not abuse its discretion, citing the similarities in the crimes’ execution, weapons used, and the defendant’s likely presence in the area. The court referenced People v. Hetherington to support the principle that the trial court has discretion in deciding severance motions, and that such discretion should not be disturbed unless there is a clear abuse. The court emphasized judicial efficiency, finding “there is no reason why the exercise of discretion by the trial court, affirmed as it has been by the Appellate Division, should be disturbed.”