People v. Blue

OPINION OF THE COURT

David Friedman, J.

The question presented is whether an identification proce*1001dure is unduly suggestive where the police show a complaining witness six photographs successively, that is, one photograph at a time, rather than showing them together as an array. I conclude that such a procedure is permissible. In fact, psychological research indicates that such a procedure results in a more reliable identification than a traditional photo array.

The credible testimony elicited at a Wade hearing indicates that at 10:15 p.m. on October 23, 1994, defendant entered a meat market on…