State v. Delgado

A jury convicted defendant Daniel Delgado of the murder of Daniel Cortez based primarily on eyewitness testimony. At trial, three witnesses testified that defendant shot Cortez. Shortly after the murder, however, two of those witnesses were unable to identify defendant from a photographic array. When the police showed the same array to those two witnesses a little more than seven months later, they positively identified defendant. Defendant contends that the police were required to record or summarize in a report the dialogue between the witnesses and police during the out-of-court…