People v. Johnson, 80 N.Y.2d 798 (1992)

When a key eyewitness’s testimony is internally contradictory and inconsistent, and the prosecutor emphasizes an erroneously admitted lineup identification, the error cannot be deemed harmless, even if an independent source for the in-court identification exists.

Summary

The New York Court of Appeals reversed the Appellate Division’s order and mandated a new trial. The defendant was convicted of murder and related crimes based largely on an eyewitness identification. The court agreed that the lineup identification testimony should have been suppressed. However, the court found that the error was not harmless because the eyewitness testimony was inconsistent, and the prosecutor heavily relied on the inadmissible lineup evidence. The existence of an independent source for the in-court identification did not automatically render the error harmless.

Facts

The defendant and a co-defendant were convicted of murder in the second degree and related criminal counts after a jury trial. The primary evidence against the defendant was the testimony of an eyewitness who identified him in a lineup and in court.

Procedural History

The defendant was convicted at trial. The Appellate Division reviewed the case and agreed that the lineup identification testimony should have been suppressed but did not find the error to be harmful. The dissenting Justice at the Appellate Division level argued the error was not harmless. The New York Court of Appeals then reviewed the Appellate Division’s decision.

Issue(s)

1. Whether the erroneous admission of an eyewitness’s lineup identification testimony was harmless error, given that the eyewitness’s testimony was internally contradictory and inconsistent, and the prosecutor emphasized the inadmissible lineup evidence.

Holding

1. No, because there was a reasonable possibility that the error might have contributed to the defendant’s conviction; therefore, it was not harmless beyond a reasonable doubt.

Court’s Reasoning

The Court of Appeals reasoned that the eyewitness’s testimony, being the sole evidence directly linking the defendant to the crime, was crucial. Given the witness’s inconsistent statements and the prosecutor’s reliance on the improperly admitted lineup identification during both the opening statement and summation, the court determined the error was prejudicial. The court emphasized that the finding of an independent source for the in-court identification by the suppression court did not, by itself, overcome the prejudice. The court applied the harmless error standard articulated in People v. Crimmins, stating that it must be determined that there was “no reasonable possibility that the error might have contributed to defendant’s conviction and that it was thus harmless beyond a reasonable doubt.” The court could not conclude that this standard was met in the present case. The court distinguished this case from People v. Harris, decided the same day, suggesting that the nature and impact of the erroneously admitted evidence differed significantly. The court found that other arguments raised by the defendant lacked merit.