New York Court of Appeals

The People of the State of New York v. Sebastian Delamota

November 17, 201118 N.Y.3d 107

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the evidence was legally sufficient to support the robbery conviction despite conflicting testimony, but that the pre‑trial photo‑array identification was unduly suggestive and must be suppressed, requiring a new trial preceded by an independent‑source hearing. Chief Judge Lippman dissented, arguing that the conviction should be vacated and the indictment dismissed.