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Legal Opinion

The People v. Todd Holley

New York Court of Appeals

Decided December 17, 2015No. 196PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

When using a photo array as an identification procedure, the People should preserve a record of what was viewed. Failure to do so gives rise to a rebuttable presumption that the array was unduly suggestive. The obligation to preserve is not diminished by the type of system used. Computer screen or mug shots book, the People’s obligation is the same. Here, the People failed to preserve a computer-generated array of photographs shown to an identifying witness, giving rise to a rebuttable presumption that the array was unduly suggestive. Neverthe*518less, in the present…

2Cases cited22 opinions

  1. People v. ChippNew York Court of Appeals · 1990
  2. People v. TrowbridgeNew York Court of Appeals · 1953
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. OrtizNew York Court of Appeals · 1997
  5. People v. BuieNew York Court of Appeals · 1995

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. The People v. Charles Smith The People v. Tyrell Ingram , The People v.Isma McGheeNew York Court of Appeals · 2016
  2. People v. BusanoAppellate Division of the Supreme Court of the State of New York · 2016
  3. The People v. Darren StatonNew York Court of Appeals · 2017
  4. People v. CostanAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. SimsAppellate Division of the Supreme Court of the State of New York · 2017

11 more not listed; retrieve them via the Exa API.

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