The People v. Todd Holley

This opinion is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 196 The People &c., Respondent, v. Todd Holley, Appellant. Andrew C. Fine, for appellant. Joshua L. Haber, for respondent. 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…