People v. Duuvon, 77 N.Y.2d 541 (1991)
Prompt showup identifications of a suspect by witnesses following an arrest at or near the crime scene are generally permissible and are not categorically condemned under the Due Process Clause.
Summary
The New York Court of Appeals addressed whether a hospital showup identification was impermissibly suggestive, violating the defendant’s due process rights. The victim identified the defendant in a hospital showup after being shot. The Court held that prompt showup identifications are not inherently improper, especially when conducted shortly after the crime. Given the victim’s injury and the need for a prompt identification, the showup was deemed permissible. The court emphasized that such identifications are generally allowed and not presumptively condemned.
Facts
On July 25, 1994, the defendant and others passed by James and Mary Webber’s home in Buffalo, New York. The defendant and his companions returned, and the defendant shot James Webber. Mary Webber identified the defendant at the crime scene, although she did not witness the shooting itself. The police transported the defendant to the hospital where James Webber was being treated for a gunshot wound to the abdomen. James Webber identified the defendant at the hospital while the defendant was in handcuffs and bleeding from a head wound.
Procedural History
The defendant was convicted of assault in the second degree and criminal possession of a weapon in the third degree after a jury trial. The defendant appealed, arguing that the hospital showup was impermissibly suggestive and violated his due process rights. The Appellate Division affirmed the conviction. The case then went to the New York Court of Appeals.
Issue(s)
Whether the hospital showup identification of the defendant by the victim was impermissibly suggestive, violating the Due Process Clauses of the Federal and State Constitutions.
Holding
No, because prompt showup identifications by witnesses following a defendant’s arrest at or near the crime scene are generally allowed and have never been categorically or presumptively condemned. Further, given the injury to James Webber and the necessity of a prompt identification, the showup was not unduly suggestive.
Court’s Reasoning
The Court of Appeals rejected the defendant’s argument that a hospital showup is inherently improper, citing People v. Duuvon, 77 NY2d 541, 544, which stated that “prompt showup identifications by witnesses following a defendant’s arrest at or near the crime scene have been generally allowed and have never been categorically or presumptively condemned.” The Court emphasized the importance of prompt identifications, especially when the victim is seriously injured and a quick determination is necessary. The court found that the showup was not unduly suggestive, considering the circumstances. The court also addressed the defendant’s argument that the identifying witness was told before the identification that the defendant was under arrest, but found that this argument was not supported by the hearing record. The Court’s reasoning centers on balancing the potential for suggestiveness against the practical necessities of immediate identification in the context of an ongoing investigation and the victim’s condition.