97 N.Y.2d 522 (2002)
Composite sketches are generally inadmissible as evidence to prove guilt, as they constitute hearsay and may unduly prejudice the jury, except when offered to rebut a claim of recent fabrication by the identifying witness.
Summary
Maldonado was convicted of attempted murder and robbery based on a composite sketch and the victim’s identification. The Court of Appeals reversed the conviction, holding that the composite sketch was improperly admitted into evidence because it constituted inadmissible hearsay and served to bolster the victim’s identification. The defense’s cross-examination did not assert recent fabrication, which is required to admit a sketch as a prior consistent statement. The Court emphasized the risk of prejudice when jurors compare a defendant to a sketch, potentially leading to a guilty verdict based on resemblance rather than independent evidence.
Facts
Younis Duopo, a livery cab driver, was shot during an attempted robbery. The gunman, Poventud, was apprehended separately. Duopo later worked with a police artist to create a composite sketch of the non-shooting accomplice. A detective showed the sketch to Poventud’s associates, who identified Maldonado. Based on the sketch, the detective brought Maldonado in, and Duopo identified him in a photo array and lineup. At trial, the defense showed Duopo a photo of Maldonado’s brother, whom Duopo mistakenly identified as the assailant.
Procedural History
The trial court initially disallowed the composite sketch but later admitted it after the defense cross-examined the detective, arguing that the defense had opened the door by questioning the investigation’s integrity. The jury convicted Maldonado. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal and reversed the conviction.
Issue(s)
Whether the trial court erred in admitting a composite sketch of the defendant into evidence, where the defense did not allege recent fabrication by the identifying witness.
Holding
No, because the composite sketch constituted inadmissible hearsay and served to improperly bolster the victim’s identification, and the defense never claimed the witness recently fabricated his testimony. The cross-examination of the detective also did not create an opening to admit the sketch.
Court’s Reasoning
The Court held that composite sketches are generally inadmissible as evidence of guilt because they are considered hearsay. A sketch is the artist’s interpretation of a witness’s description, not a direct record of events. Admission carries a risk of prejudice, as jurors may focus on the defendant’s resemblance to the sketch, rather than independent evidence. The Court acknowledged an exception: a sketch may be admissible as a prior consistent statement to rebut a claim of recent fabrication, meaning “charging the witness not with mistake or confusion, but with making up a false story well after the event.” Here, the defense only challenged the accuracy of Duopo’s identification, not its veracity. Questioning the detective’s investigative thoroughness also did not open the door to admit the sketch. The Court emphasized the lack of other evidence against Maldonado, making the erroneous admission prejudicial. As the court noted, “When a jury examines a composite sketch, the temptation to inculpate or exonerate the defendant on the basis of the sketch is all but irresistible… the prejudice of that circular logic is manifest and inescapable.”