State v. Philbrick

Memorandum Opinion

HORTON, J.

The defendant, Charles Philbrick, was convicted after a jury trial in Superior Court (Groff, J.) of aggravated felonious sexual assault, RSA 632-A:2, XI. Challenging his conviction, the defendant argues that the trial court erred in admitting an out-of-court photographic identification by the minor victim’s mother, contending that the procedure used was unnecessarily suggestive and violative of due process. Because we uphold the trial court’s finding that the out-of-court identification was not unnecessarily suggestive, we affirm.

In July 1989, the victim’s mother…