Effective immediately, juries in New York state will be allowed to consider as evidence a photo array shown to a witness by police. Previously, state law prohibited photo arrays from being introduced as evidence at trial.
The state adopted a standard protocol for law enforcement to follow when showing photos to witnesses for purposes of identifying the perpetrator of a crime. This includes requiring an investigator who does not know the identity of the suspect or where the suspect’s photo is located within a photo array to show the photos.
According to Gov. Andrew Cuomo, research indicates that photo ID is most reliable when conducted closest to the time of a crime or initial sighting and when it is the first procedure used to identify a suspect.