People v. Edmonson, 75 N.Y.2d 672 (1990)
Evidence of a prior extrajudicial identification made by a witness from a police videotape canvassing a neighborhood is admissible if the tape and its presentation are not suggestive.
Summary
The New York Court of Appeals held that a witness’s identification of the defendant from a police-created videotape showing random passersby in a neighborhood was admissible evidence. The court reasoned that because the videotape and its presentation to the witness were not suggestive, there was no risk of misidentification. This case clarifies the circumstances under which videotape identification evidence is permissible, balancing the need for reliable identification with the potential for suggestive procedures to taint the process.
Facts
The victim was violently attacked. She had seen her attacker a few times prior to the attack. After the attack, while hospitalized, she described her attacker to the police and suggested possible locations where he could be found. Based on this information, the police videotaped pedestrian traffic in the specified area. The videotape captured numerous people, including the defendant, in closeup shots. The victim viewed the tape at home and immediately identified the defendant as her attacker.
Procedural History
The defendant was convicted of attempted murder and assault. He moved to suppress the victim’s identification of him from the videotape. The trial court denied the motion, finding the identification procedure not suggestive. The Appellate Division affirmed the conviction without opinion. The New York Court of Appeals granted leave to appeal to consider the admissibility of the videotape identification.
Issue(s)
Whether evidence of a prior extrajudicial identification made by the complaining witness from a videotape taken by the police, canvassing a particular neighborhood and focusing on numerous passersby, is inadmissible as a matter of law under CPL 60.30.
Holding
No, because the videotape procedure employed by the police officers and the subsequent viewing by the victim were neither suggestive nor prejudicial.
Court’s Reasoning
The Court of Appeals emphasized that suggestive pretrial identifications are generally inadmissible to reduce the risk of misidentification. The Court found that the videotaping procedure in this case was not inherently suggestive. The defendant was not singled out or portrayed unfavorably. At the time of videotaping, the police did not suspect the defendant or have reason to believe the attacker would be captured on camera. The police simply canvassed the area mentioned by the victim, videotaping all pedestrian traffic. While the police took a closeup of the defendant, they did the same for approximately 50 other individuals. The Court distinguished this case from prior decisions where identification procedures were deemed suggestive, such as precinct showups where the defendant was forced to wear similar clothing as the suspect (People v. Ballott, 20 NY2d 600) and showups where suspects were presented in handcuffs (People v. Riley, 70 NY2d 523; People v. Adams, 53 NY2d 241). The Court also noted that a videotape of random pedestrians does not carry the same prejudicial inference as a “rogues’ gallery” of mug shots. The Court quoted People v. Tunstall, 97 AD2d 523, 524, stating that “videotaped lineups avoid the possibility that the credibility of third parties will be used to strengthen a questionable identification”. The Court reasoned that the videotaping procedure was akin to permitting a victim to canvass an area for her attacker. In conclusion, the Court found no abuse of the videotaping procedure and affirmed the order of the Appellate Division.