(DOWNLOAD) "People State New York v. Larry L. Haynes" by Supreme Court of New York ~ Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: People State New York v. Larry L. Haynes
• Author : Supreme Court of New York
• Release Date : January 17, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered January 7, 1981 upon a verdict convicting defendant of the crime of grand larceny in the third degree. Defendant and Donna Williams were charged with grand larceny in the third degree as the result of a flimflam operation in which one Ruby Swan was swindled out of $500. On May 8, 1980, defendant approached Swan seeking her help in locating a minister for the purpose of collecting a legacy. They were joined by Williams who offered assistance. Rejecting Swans suggestion that defendant put his cash in a bank, he convinced her to place $500 together with his money in a valise in the trunk of Swans car. When Swan later opened the trunk, she found the cosmetic case stuffed with newspapers. After reporting the incident to the police, Swan correctly was unable to identify defendants photo in several books of mug shots because none was present. A week later, Swan identified defendant in a police array of six photographs which this time included a photograph of defendant. Defendants motion to suppress the identification was denied, and the District Attorneys motion to consolidate the trials of defendants was granted. At trial, the court denied defendants request to charge the jury with the lesser included offense of attempted grand larceny in the third degree. Defendant was convicted by a jury of grand larceny in the third degree and was sentenced to an indeterminate term of imprisonment of zero to four years. This appeal ensued. Initially, defendant argues that the photographic array was impermissibly suggestive because (1) there were only six photographs, (2) his photograph was more of a close-up shot, (3) the other males had dissimilar physical characteristics, and (4) only three subjects, including defendant, were holding identification tags. We cannot conclude that the described array was so impermissibly suggestive as to give rise to a substantial likelihood of irreparable misidentification (Simmons v United States, 390 U.S. 377, 382-386; People v Williams, 73 A.D.2d 1019). There is nothing to suggest that the police encouraged a particular selection by including a characteristically unique photograph of defendant (cf. People v Shea, 54 A.D.2d 722). Notwithstanding the foregoing, the People established by clear and convincing evidence that the in-court identification had an independent origin since the victim had ample opportunity to observe defendant during the commission of the crime (People v Ballott, 20 N.Y.2d 600; People v Van Buren, 87 A.D.2d 900; People v Rogers, 85 A.D.2d 843). Defendant next contends that the joint trial unduly prejudiced him because counsel for the co-defendant brought out the photographic identification on cross-examination of Swan and the officer who presented the array to her. CPL 200.40 (subd 2) allows consolidation of indictments against defendants charged with the same offense, unless a joint trial would so prejudice a defendant as to deny him a fair trial (e.g., People v Bornholdt, 33 N.Y.2d 75, 87; Victory v New York 416 U.S. 905). It is clear that a witness may not testify about a prior photographic identification of a defendant (People v Lindsay, 42 N.Y.2d 9; People v Griffin, 29 N.Y.2d 91). While admission of this testimony may have been prejudicial, in view of the strong evidence of identification, such admission must be considered harmless (People v Mobley, 56 N.Y.2d 584). The victim had a strong, independent basis for identification, which at trial was unequivocal (cf. People v Malloy, 22 N.Y.2d 559 [opportunity to observe minimal, testimony uncertain]). Since the identification [88 A.D.2d 1070 Page 1071]

Books Free Download "People State New York v. Larry L. Haynes" PDF ePub Kindle