eBook details
- Title: People State New York v. Ronald Sheldon Chamberlain
- Author : Supreme Court of New York
- Release Date : January 04, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered June 12, 1981, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, robbery in the first degree, and criminal use of a firearm in the first degree. On December 19, 1980, defendant was indicted for attempted murder in the second degree, robbery in the first degree and criminal use of a firearm in the first degree following an incident that occurred on the morning of September 12, 1980 during which one Paul May was shot and robbed outside his home by a lone assailant. On April 13, 1981, witness Lane positively identified defendant at a lineup, although Lane had previously been unable to identify defendant from a photo array. The suppression court determined that the identification procedures were not impermissibly suggestive and defendant was ultimately convicted, after jury trial, on each count in the indictment. Defendants motion to set aside the verdict for juror misconduct was denied after a hearing. Defendant first contends that the identification was flawed in that the procedures utilized by the police were unduly suggestive. We disagree. The record reveals that Lane was shown a photo array on November 18, 1980 consisting of 10 photos, including defendants. Defendant asserts prejudice from the fact his photo was the only one without a name and police identification number printed on the back. We find the distinction without merit, not only because there is nothing in the record to establish Lane viewed the reverse side of the various photographs, but also because the photo array consisted of males similar in appearance and age to defendant. Moreover, since Lane was unable to make a positive identification from this photo array and defendant shaved his beard prior to the lineup, we find little likelihood of irreparable misidentification (see Simmons v United States, 390 U.S. 377, 384; People v Haynes, 88 A.D.2d 1070). As to the lineup procedure, we first note that the difference in [96 A.D.2d 959 Page 960]