In criminal law, a “show-up” is the process through which a witness and a suspect are together face-to-face for the purpose of the witness’s ability to identify whether the suspect indeed committed the crime. A “Show-Up” identification is by its very nature suggestive, as opposed to a line-up identification in which a victim or witness has the opportunity to choose from a group of 6 individuals. Therefore rules are in place that govern how and when a show-up can be employed. In a recent case before a New York court, the defendant argued that the show-up in his case was overly suggestive and therefore unfair. The court reviewed the defendant’s appeal and ultimately disagreed with his argument, affirming his original robbery conviction in the process.
Case Law Around Show-Ups
According to New York case law, courts generally prefer procedures other than show-ups, given that it can be suggestive for a witness to make an identification while face to face with a suspect. However, if there are emergency circumstances, a show-up is permissible. The show-up is also permissible if the witness can view the suspect close to where the crime occurred and close to the time at which the crime occurred.
A June 2024 Case
In the June 2024 case, the defendant argued his show-up was prejudicial. In this case, police officers responded to a robbery committed by two individuals. One individual immediately fled to a nearby house, and officers found and arrested him immediately. In looking for the second individual, the officers drove a witness through the neighborhood to see if he could make any kind of identification. Eventually, the officers and the witness returned to the house, where additional officers had apprehended a second suspect. Upon seeing the second suspect, the witness immediately identified him as the person who committed the robbery. Officers then arrested and charged the defendant with robbery.
The Court’s Decision
The court noted that the show-up happened within a few blocks of the crime scene and very soon after the robbery took place. It was correct for the officers to move quickly and want the witness to identify the suspect while the crime was fresh on the witness’s mind. Therefore, the show-up was logical and was reasonable under the law.
Even given the court’s ruling, it is possible, and even likely, for a show-up to be harmful for a criminal defendant. There are important protections in New York, and courts have previously ruled that if a suspect is handcuffed in the back of a police car or shown with evidence of stolen property, the show-up is too prejudicial. If you have questions about how these standards apply to you and the criminal charges you are facing, contact a New York robbery attorney today.
Do You Need a New York Robbery Attorney for Yourself or a Loved One?
At Tilem & Associates, we are proud to offer client-centered, aggressive defense for the accused in New York. Our team works together to provide cutting-edge litigation that is unmatched. When you need results, you need Tilem & Associates. For a free and confidential consultation with a New York robbery attorney, 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.