State v. Lavoie

WATHEN, Justice.

Following a jury trial in Superior Court (Cumberland County, Perkins, J.), Robert Lavoie, defendant, appeals from his robbery conviction. He argues on appeal that the trial justice erred in refusing to grant a mistrial following allegedly inadmissible testimony regarding the composition of a photo lineup and in refusing to give a cautionary instruction regarding the victim’s eye witness identification. Defendant also asserts that the evidence was insufficient to support the verdict.

The testimony at trial may be summarized as follows: A clerk at a convenience store on Forest…