NY Court Calls for Record of Suspect Lineup Photos


New York’s top court says police should keep a record of the photo arrays of suspects that are shown to witnesses at a lineup, including computerized imagery now used.

The Court of Appeals, divided 4-2, says failure to preserve that record creates “a rebuttable presumption” that the pictures shown a witness were “unduly suggestive.”

The ruling concerns Todd Holley’s convictions for trying to steal a woman’s purse on a Manhattan subway platform in 2010 and returning to assault her before fleeing.

The court majority is upholding the conviction, although a record wasn’t kept of the photo array from which Holley was first identified.

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