People v. Johnson, 81 N.Y.2d 831 (1993)

A showup identification is impermissible if conducted hours after the crime, with both the complainant and the defendant transported to the crime scene; in such circumstances, a properly conducted lineup is required.

Summary

The New York Court of Appeals reversed the defendant’s conviction, holding that a showup identification conducted hours after the robbery, with both the complainant and the defendant being transported to the crime scene, was improper. The Court emphasized that while prompt showup identifications are permissible when suspects are captured at or near the crime scene, the identification in this case lacked the necessary immediacy. The Court determined that under these circumstances, a properly conducted lineup was required to ensure a fair identification process.

Facts

A postman was robbed of a gold chain and pendant in the lobby of an apartment building. The postman chased the perpetrator, who was carrying a knife, but eventually abandoned the pursuit. He reported the incident to a security guard and police. Later that day, police apprehended the defendant near his home, which was close to the crime scene. The police then transported the postman back to the apartment building, informing him that they had a suspect in custody and were taking him back for a positive identification. The postman, seated in a police vehicle, identified the defendant, who was in handcuffs and civilian clothing, as the robber.

Procedural History

The defendant moved to suppress the showup identification, arguing it was unduly suggestive. The hearing court denied the motion. The identification was introduced at trial, and the complainant also made an in-court identification. The defendant was convicted of robbery in the first degree and resisting arrest. The Appellate Division affirmed the conviction. The Court of Appeals reversed the Appellate Division’s decision.

Issue(s)

Whether a showup identification, conducted hours after the crime and involving the transportation of both the complainant and the defendant to the crime scene, is an impermissible identification procedure.

Holding

Yes, because showup identifications are strongly disfavored and are only permissible under exigent circumstances or when suspects are captured at or near the crime scene and viewed immediately. A showup hours after the crime, with both parties transported to the scene, does not meet this standard.

Court’s Reasoning

The Court of Appeals reasoned that showup identifications are inherently suggestive and should only be employed when justified by exigent circumstances or the immediacy of the capture. Citing People v. Riley, 70 N.Y.2d 523, 529, the court reiterated that showups are permissible “if the suspects are captured at or near the crime scene and can be viewed by the witness immediately.” Here, the showup lacked the requisite immediacy, as it occurred hours after the crime and involved the transportation of both the complainant and the defendant. The Court emphasized that the focus should be on the promptness of the identification after the crime, not after the arrest. Given these circumstances, the Court concluded that an appropriately conducted lineup was necessary to ensure a fair identification process. The Court noted that while the limits of an appropriate time period between the alleged crime and a showup identification may vary from case to case, “the emphasis must be upon the prompt and immediate nature of an identification after the crime has been committed, not, as the People argue, after the defendant has been arrested.” The admission of the showup identification at trial was therefore deemed prejudicial, warranting a new trial.