People v. Delamota, 18 N.Y.3d 107 (2011)

The rule in People v. Ledwon, which holds that a conviction cannot stand when based solely on inherently contradictory testimony from a single witness, does not apply when inconsistencies arise from multiple witnesses or when a witness provides a credible explanation for discrepancies; furthermore, using a translator with a pre-existing relationship with the defendant during a photo array can render the identification unduly suggestive, warranting suppression.

Summary

Defendant was convicted of robbery. The victim, Hernandez, identified him in a photo array and lineup. At trial, discrepancies emerged between Hernandez’s description of the robber and the description given to the police shortly after the crime. Also, Hernandez’s son, Juan Jr., served as translator during the photo array, and it was later revealed that Juan Jr. knew the defendant, a fact not disclosed initially. The New York Court of Appeals held that the discrepancies in testimony did not warrant reversal under People v. Ledwon because the inconsistencies did not arise from a single witness and the victim provided a reason for the differences in description. However, the Court found the identification procedure unduly suggestive due to Juan Jr.’s involvement and ordered a new trial preceded by an independent source hearing.

Facts

Juan Hernandez was robbed at knifepoint in his apartment building. His son, Juan Jr., called 911 and provided a description of the robber. Detective Koch interviewed Hernandez, with Juan Jr. translating. Hernandez described the robber, but the description did not match the defendant, Delamota, who was later identified as the perpetrator. Juan Jr. later told the detective that he had heard neighborhood gossip that “Sebastian” was the robber. Detective Koch then showed Hernandez a photo array containing Delamota’s picture, and Hernandez identified him, with Juan Jr. translating. Delamota had a functionally impaired left arm. At trial, Juan Jr. admitted to knowing Delamota for a long time prior to the robbery.

Procedural History

Delamota was indicted for robbery and weapon possession. He moved to suppress the identifications, arguing undue suggestiveness. The trial court denied the motion. At trial, defense counsel moved to reopen the suppression hearing after Juan Jr.’s revelation. The motion was denied. Delamota was convicted. The Appellate Division affirmed. The New York Court of Appeals reversed, finding the identification procedure unduly suggestive and ordering a new trial.

Issue(s)

1. Whether the People’s proof was legally insufficient under People v. Ledwon due to conflicting testimony regarding the perpetrator’s appearance.

2. Whether the victim’s identification should have been suppressed because his son participated in the photo array, having known the defendant prior to the identification procedure.

Holding

1. No, because the conflicting testimony came from multiple witnesses, not a single witness, and the victim provided a rational explanation for the discrepancies.

2. Yes, because Juan Jr.’s participation as a translator, combined with his prior knowledge of Delamota, created an unduly suggestive identification procedure.

Court’s Reasoning

Regarding the sufficiency of the evidence, the Court clarified the narrow scope of the Ledwon rule. The Court stated, “Ledwon applies in rare cases where the charged crime is established by only one witness who provides inherently contradictory testimony at trial.” Because discrepancies arose from multiple witnesses (the victim and the detective), Ledwon did not apply. The Court emphasized that it is the jury’s role to weigh conflicting evidence. The victim’s trial testimony was not internally inconsistent, and he offered an explanation for the differing description he allegedly gave to the detective. The court noted it is up to the Appellate Division to review the weight of the evidence.

Regarding the identification procedure, the Court found that the trial court erred in denying Delamota’s motion to reopen the Wade hearing. Juan Jr.’s role as translator, coupled with his undisclosed prior relationship with Delamota, created an unduly suggestive situation. “In our view, the suggestiveness cannot be attributed to the victim’s son, but to the detective’s decision to utilize him as the interpreter notwithstanding the possible risks that were involved in this practice.” The Court reasoned that the detective should have used a neutral Spanish interpreter and therefore ordered a new trial preceded by an independent source hearing to determine if the victim’s in-court identification had an independent basis.