Cotton v. United States

GALLAGHER, Associate Judge:

After a jury trial, appellant was found guilty of armed robbery. 1 He was sentenced to a term of imprisonment of not less than eighteen months nor more than twenty years. Appellant attacks his conviction on the grounds that the trial court erred (1) in refusing to impose some sanction for the police failure to preserve a photographic array used in a pretrial identification procedure, and (2) in failing to hold a mid-trial hearing outside the presence of the jury to explore the circumstances of a pretrial identification procedure and to determine the admissibility of…