People v. Perkins, 27 N.Y.3d 435 (2016)
A lineup is unduly suggestive if the defendant has a distinctive feature, such as dreadlocks, that makes him stand out, even if that feature was not mentioned in the witness’s prior description of the perpetrator.
Summary
The New York Court of Appeals addressed the suggestiveness of a lineup where the defendant was the only participant with dreadlocks, a distinctive feature. The court held that the lineup was unduly suggestive, regardless of whether the witness mentioned the defendant’s dreadlocks in their initial description to the police. The court emphasized that the totality of the circumstances must be considered when assessing the suggestiveness of a lineup. The Court of Appeals reversed the Appellate Division’s decision, finding that the lower court erred in determining that a lineup was not unduly suggestive just because the witness had not mentioned the distinctive feature in their initial description. This case highlights the importance of conducting fair lineups to avoid suggestive identification procedures that could lead to misidentification.
Facts
After being identified as a suspect, the defendant was placed in photo arrays and lineups. In the relevant lineups, the defendant was the only participant with long dreadlocks. Four robbery victims identified the defendant in the lineups. Two of the victims had described the perpetrator as having dreadlocks, while the other two had not. The Supreme Court suppressed the lineup identifications for the two victims who had mentioned dreadlocks and not for the others. The Appellate Division affirmed, focusing on whether the distinctive feature was part of the complainants’ descriptions. All four victims identified the defendant in court, but the defendant was acquitted of the robbery counts with respect to two of the victims and convicted of the counts with respect to the others.
Procedural History
The Supreme Court granted the defendant’s motion to suppress the lineup identifications for two victims but denied it for the others. The Appellate Division affirmed the Supreme Court’s decision. The New York Court of Appeals granted the defendant leave to appeal.
Issue(s)
1. Whether a lineup is unduly suggestive when the defendant possesses a distinctive feature, even if the witness did not mention that feature in their prior description of the perpetrator?
Holding
1. Yes, because a lineup’s suggestiveness should be determined by considering all circumstances to determine whether the lineup created a substantial likelihood that the defendant would be singled out for identification.
Court’s Reasoning
The Court of Appeals stated that a bright-line rule that a distinctive feature only renders a lineup unduly suggestive if it was mentioned in the witness’s prior description would be unworkable and unwise. Instead, the court emphasized that the focus should be on whether the lineup created a substantial likelihood of misidentification. The court found the lineup was unduly suggestive as the defendant was the only person with long dreadlocks. The court referenced its prior decision in People v. Chipp, stating that it must consider all circumstances to determine suggestiveness. The court held that there was no record support for the lower courts’ conclusion. The court held that, as a matter of law, a witness’s failure to mention a distinctive feature in his or her initial description is not necessarily the determinative factor in assessing a lineup’s suggestivity. The Court reversed the Appellate Division, ordered that both lineups should have been suppressed, and remanded to Supreme Court for further proceedings.
Practical Implications
This decision clarifies the standard for determining the suggestiveness of a lineup in New York. Law enforcement must be cautious when conducting lineups and ensure that distinctive features do not make the defendant stand out. Prosecutors must be prepared to establish an independent basis for in-court identifications if a lineup is found to be unduly suggestive. Defense attorneys should challenge lineups where the defendant is the only participant with a distinctive feature, regardless of whether the witness mentioned that feature in their initial description. This case emphasizes that a totality of the circumstances test must be applied. Post-Perkins, courts must consider all factors when assessing the reliability of an identification procedure and not rely solely on the witness’s prior description.