People v. Rahming, 26 N.Y.2d 786 (1970)

A defendant is entitled to a pretrial hearing to determine whether improper pretrial identification procedures tainted a witness’s in-court identification, especially when the defendant is unaware of the prior identification.

Summary

The New York Court of Appeals modified the Appellate Division’s order and remitted the case to the County Court for a post-trial hearing. The hearing was ordered to determine whether improper pretrial identification procedures tainted the victim’s in-court identification of the defendant. The Court emphasized that a trial judge must affirmatively find that taking proof on the main trial attacking the identification will not prejudice the defendant. Where the defendant was unaware of a prior photographic identification, prejudice was likely, warranting a separate hearing to ensure fairness.

Facts

The victim identified the defendant in court as the perpetrator of the crime.

The prosecution had previously shown the victim a photographic lineup where the victim identified the defendant.

The defendant was unaware of the photographic identification before trial.

Procedural History

The case proceeded to trial, where the victim identified the defendant.

The defendant was convicted.

The Appellate Division affirmed the conviction.

The New York Court of Appeals reviewed the Appellate Division’s order.

Issue(s)

Whether the trial court erred in not holding a pretrial hearing to determine if the victim’s in-court identification was tainted by an impermissibly suggestive prior photographic identification, especially when the defendant was unaware of the prior identification.

Holding

Yes, because the trial court made no finding that it would not prejudice the defendant to take proof on the main trial attacking the identification, and prejudice arising out of presenting proof on the main trial in this case was almost inevitable due to the defendant’s lack of knowledge about the prior photographic identification.

Court’s Reasoning

The Court reasoned that while People v. Ganci (27 N.Y.2d 418) allows a trial judge to direct that proof regarding identification be taken at trial if it won’t be prejudicial, in this case, prejudice was “almost inevitable.” The defendant’s lack of knowledge of the photographic identification created a situation where cross-examination on that point would risk improperly bolstering the identification with otherwise inadmissible evidence. The Court highlighted that the Criminal Procedure Law (CPL 710.30, subd. 1, par. [b]), though not effective at the time of trial, requires pretrial notice to the defendant of testimony identifying the defendant by a witness who previously identified him. This underscores the importance of ensuring fairness in identification procedures. Since identification goes to guilt or innocence, the court found it unfair to deny the defendant a hearing on the possibility that the in-court identification was based on suggestive procedures. The court implied the importance of a pretrial hearing outweighed judicial efficiency in this case. As the court stated, “Since identification of the accused goes to the determination pf guilt or innocence, it would be unfair not to extend to this defendant the right to a hearing where there is the unexplored possibility that the in-court identification was based on suggestive procedures.”