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PEOPLE v. HOLLEY

No. 196

26 N.Y.3d 514 (2015)

45 N.E.3d 936

2015 NY Slip Op 09314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD HOLLEY, Appellant.

Court of Appeals of New York.

Decided December 17, 2015.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Andrew C. Fine and Lawrence T. Hausman of counsel), and Boies, Schiller & Flexner LLP, New York City ( Stephen Kyriacou, Jr. , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Joshua L. Haber and Alan Gadlin of counsel), for respondent.

Chief Judge LIPPMAN and Judges RIVERA and STEIN concur; Judge ABDUS-SALAAM concurs in result in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

When using a photo array as an identification procedure, the People should preserve a record of what was viewed. Failure to do so gives rise to a rebuttable presumption that the array was unduly suggestive. The obligation to preserve is not diminished by the type of system used. Computer screen or mug shots...

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