Recently a juvenile who was adjudicated a Juvenile Delinquent in Family Court recently won an appeal. When a victim or witness makes an identification after a crime, the identification must be both credible and consistent. A recent case before the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, goes to show just how important this credibility can be in a criminal case. The takeaway from the appellate case is clear: if you are named as a suspect or defendant, make sure your attorney challenges the identification process in any way that could be helpful to your case. With the right kind of challenge, you may be able to get your charges dropped completely.
Case Before the Second Judicial Department
In the appellate case, a complainant saw several black males riding bicycles, then a few moments later, he noticed that someone struck him from behind. The complainant was unable to see who hit him. He testified both that he had no idea who hit him and, inconsistently, that he had noticed the group of men behind him right before he was struck. The complainant further indicated both that he saw the assailants’ faces “for a little bit” and that he only saw the backs of the assailants’ heads.
A show-up identification procedure resulted in the complainant’s identification of the defendant in this case as the assailant. The defendant was a minor, but he was convicted of acts which, if committed by an adult, would have constituted assault in the third degree and menacing in the third degree.
On appeal, the defendant argued that the identification process was unreliable, and the higher court agreed. There were several reasons, said the court, that the victim was not reliable as a witness: he offered inconsistent testimony; he had an eye injury as a result of the attack and was only partially able to see; and the show-up identification procedure took place while the complainant was in the back of a police car, behind a dark window.
Takeaways from the Case
The court reversed the lower court’s order of disposition in this case. The case serves as an important reminder – if there are grounds to challenge the identification process in your case, use them in your favor. An experienced New York violent crimes attorney will be well-versed in these strategies and will be able to increase the chances of getting your charges dropped entirely. Especially in cases that depend on single witness identification, these challenges can be crucial to maintaining your freedom.
Do You Need a New York Violent Crimes Attorney?
If you are on the lookout for a New York violent crimes attorney with the experience and tactics you need, give us a call at Tilem & Associates. We work hard on your behalf so that you can rest easy, knowing we are doing everything in our power to make sure your voice is heard. When you don’t know where to turn, give our firm a call, and we will be ready to step in.
For a free and confidential consultation with a New York violent crimes attorney at Tilem & Associates, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.
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