People v. Irving

Summary

The New York Appellate Division, First Department, held that the lineup identification was unduly suggestive because the defendant was the only participant visibly wearing a red shirt matching the victims’ description. The court nevertheless affirmed the judgment of conviction, finding the suppression error harmless because other admissible evidence established the defendant’s connection to the burglaries.

Holdings

1. The lineup was unduly suggestive because defendant was the sole participant visibly wearing a red shirt matching a prominent detail in the victims' description, creating a substantial likelihood that he would be singled out for identification.
2. The error in failing to suppress the unduly suggestive lineup identification was harmless and did not require reversal because other admissible evidence unquestionably connected defendant to the burglaries and there was no reasonable possibility that the error contributed to the plea.

Questions Presented

1. Whether the lineup identification was unduly suggestive because defendant was the only participant visibly wearing clothing matching the victims' description of the perpetrator.
2. Whether the denial of suppression required reversal when the lineup was unduly suggestive but other admissible evidence unquestionably connected defendant to the burglaries.

Disposition

affirmed