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PEOPLE v. SCATLIFFE

117 A.D.2d 827 (1986)

The People of the State of New York, Respondent, v. William Scatliffe, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 24, 1986

Judgment affirmed.

The failure of the People to preserve a record of several photographic arrays shown to the victims within a week of the robbery gave rise to an inference that the arrays were suggestive (see, People v Johnson, 106 A.D.2d 469) and that the inference of suggestiveness was not sufficiently rebutted. However, notwithstanding the presumptive suggestiveness of the photographic identifications, the record...

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