25 N.Y.3d 548 (2015)
The failure to preserve a photo array, whether physical or computer-generated, shown to an identifying witness creates a rebuttable presumption that the array was unduly suggestive.
Summary
In People v. Holley, the New York Court of Appeals addressed the consequences of failing to preserve photo arrays used in eyewitness identification procedures. The court held that the failure to preserve such arrays, especially those generated by computer systems, gives rise to a rebuttable presumption of suggestiveness. This means the prosecution must produce evidence to show the fairness of the procedure. The court determined that the prosecution in this case successfully rebutted the presumption, and the identification evidence was admissible because the police presented sufficient testimony about the photo array procedure to demonstrate its fairness.
Facts
Two women were assaulted on a subway platform. The perpetrator was described as a skinny Black male. The police used a computer-generated photo array to show potential suspects. The array was created using the police department’s photo manager system and the witness identified the defendant after viewing multiple pages of the photo array. The police did not preserve a record of all the photographs that were viewed by the witness. A lineup was later conducted, where the witness again identified the defendant. At a suppression hearing, the defendant sought to suppress the identification evidence arguing, among other things, that the photo array procedure was unduly suggestive due to the failure to preserve the photo array.
Procedural History
The trial court denied the motion to suppress the identification testimony. The Appellate Division affirmed the trial court’s decision. The Court of Appeals granted leave to appeal.
Issue(s)
1. Whether the failure to preserve a computer-generated photo array shown to a witness creates a presumption of suggestiveness, shifting the burden to the prosecution to prove the fairness of the procedure.
2. If such a presumption exists, whether the prosecution presented sufficient evidence to rebut it in this case.
Holding
1. Yes, because the court explicitly adopted the rule from the Appellate Division that the failure to preserve a photo array creates a rebuttable presumption of suggestiveness.
2. Yes, because the court found that the People’s evidence of the photo array procedure was sufficient to rebut the presumption.
Court’s Reasoning
The Court of Appeals considered the established burden-shifting framework in evaluating the admissibility of identification evidence. First, the prosecution must produce evidence demonstrating the fairness of the identification procedure. If the prosecution meets this initial burden, the burden shifts to the defendant to prove the procedure was unduly suggestive. The court found that the failure to preserve the photo array, whether physical or computer-generated, creates a rebuttable presumption that the prosecution did not meet its initial burden of demonstrating fairness. The court endorsed the Appellate Division’s precedent that the failure to preserve a photo array gives rise to a rebuttable presumption of suggestiveness. The court reasoned that this presumption aligns with the burden-shifting framework and is necessary to protect a defendant’s right to a fair trial.
The court further clarified that, despite the presumption, the prosecution can still meet its burden by providing detailed testimony about the procedures used and the context in which the identification took place. Here, the court held that the People presented sufficient testimony, including the volume of photos viewed and the fact that the police did not initially focus on the defendant, to rebut the presumption of suggestiveness and demonstrate the fairness of the photo array. The court also upheld the lineup identification.
Practical Implications
This case reinforces the importance of preserving records of photo array identification procedures, including those using computer-generated systems. Prosecutors and law enforcement should create and preserve a record of all photo arrays viewed by witnesses, including the order and arrangement of the photos. Failure to do so will trigger a presumption of suggestiveness, potentially leading to suppression of the identification evidence. The case also highlights the importance of detailed testimony about the identification process to rebut the presumption and demonstrate fairness. Defense attorneys should aggressively challenge the admissibility of identification evidence when the prosecution fails to preserve photo arrays. The case also has implications for police departments implementing photo array procedures.