People v. Reid

178 Misc. 2d 1000, 682 N.Y.S.2d 559, 1998 N.Y. Misc. LEXIS 578
CourtNew York Supreme Court
DecidedNovember 17, 1998
StatusPublished

This text of 178 Misc. 2d 1000 (People v. Reid) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Reid, 178 Misc. 2d 1000, 682 N.Y.S.2d 559, 1998 N.Y. Misc. LEXIS 578 (N.Y. Super. Ct. 1998).

Opinion

OPINION OF THE COURT

Robert Charles Kohm, J.

Defendant moves to suppress identification and statements, and also challenges his arrest.

A Dunaway /Wade / Huntley hearing was held on September 16, 1998. The sole witness was Detective Miriam Piretti, and her testimony was both credible and comprehensive. The court found the following at such hearing:

On February 11, 1998, Detective Miriam Piretti, 103rd Detective Squad, was on duty in the station house. At 8:00 a.m., she was notified that a man by the name of Jermaine Lynshue had been stabbed earlier that day near Sutphin Boulevard in Queens. The victim was taken to Jamaica Hospital. The detective visited the man who had just undergone surgery for stab wounds. Mr. Lynshue stated that he had got into a car with two friends to go to a store to buy cigarettes. The employee in the store allegedly handed him a bag of marihuana which was refused by the victim, who only wanted cigarettes. The party in the store later identified as Keith Reid, the defendant, then allegedly threw the bag at the victim and shoved him against the wall. A quarrel ensued and the victim left the store.

As he walked out, the defendant came from behind and stabbed him in the neck and back. The defendant fled and the victim was taken to Jamaica Hospital by his friends. Detective Piretti was advised by the complainant that his assailant was a male black, possibly Jamaican, 25 to 30 years old, 5 feet 9 inches, stocky with bumps on his face. The hospital victim did not know the perpetrator’s name but told the detective that he [1002]*1002did know this man for over five years from the neighborhood, having seen him approximately 50 times a year. The victim also knew some of the defendant’s friends. Detective Piretti could obtain no further information. An investigation was made and the detective checked the neighborhood without success. On February 16, 1998, the victim called the detective and said that friends of the defendant had told him that the man who stabbed him was Keith Reid.

A computer check was made and positive information was secured regarding Keith Reid. The detective obtained a computer photo of him and five similar photos of young male blacks. These six photos were put together in a photo array and taken to the victim in the hospital. The complainant immediately recognized subject number five, the defendant, as the man who stabbed him.

Utilizing this additional information, the detective canvassed the area for the defendant, and on March 7, 1998 made contact with the defendant’s father, Philbert Reid. The father did not know where his son presently was.

A week later, the defendant called the detective at the 103rd Precinct. She told the caller that a complaint had been filed against him. The defendant stated that he would visit the detective at the precinct on March 19, 1998. This appointment was not kept.

Detective Piretti called the father’s house on the same day and the defendant answered the phone. He informed the detective that he attempted to file a report on February 11, 1998 and had spoken to a Police Officer Hendricks in the 113th Precinct. Officer Hendricks told the defendant that since the incident happened in the 103rd Precinct, he would have to have the report faxed there to register a complaint. The defendant also told the detective that he had a receipt from the 113th Precinct to verify his attempted report.

Defendant next stated that he would surrender himself on May 22, 1998 and added that he was afraid to turn himself in because he knew the complainant from the area. The defendant advised the detective that the complainant repaired vehicles locally and ended his conversation by repeating he knew the man from the neighborhood.

On the 22nd of May, the defendant failed to surrender himself at the precinct. Detective Peretti, accompanied by two fellow detectives, went to the father’s house. They knocked on the side door and defendant answered. He came outside and [1003]*1003the detectives told him that he was to go to the station house. As he got into the squad car, he was handcuffed and driven to the 103rd Precinct.

During the course of the day, the detective visited the complainant and showed him a single photo of the defendant. The complainant verified that this was the man who stabbed him.

At the precinct, he was given his Miranda warnings at approximately 7:00 p.m. and acknowledged receiving them. He was willing to make a statement and wrote one out, which essentially denied the complainant’s version of what occurred.

Defendant now challenges his arrest, photo identifications and statements.

I

THE DUNAWAY ISSUE

The defendant initially disputes the validity of the arrest at his father’s house. The facts indicate that the complainant was stabbed on February 11, 1998 and taken to the hospital for surgery. While there, the victim described his assailant and said that he knew him from the neighborhood. On February 16, 1998, the complainant named the defendant as his assailant. A subsequent photo identification was made in which the complainant identified the defendant in a photo array.

Based on these facts, the court finds that the defendant was arrested on probable cause. Normally, information provided by an identified citizen is legally sufficient to provide the police with probable cause to arrest (see, People v Moore, 32 NY2d 67; People v Bingham, 176 AD2d 740) and an officer may act upon such a report (see, People v Hicks, 38 NY2d 90, 94). Thus, the detective was simply performing her legal duty by bringing the defendant into custody.

II

THE WADE PHOTO ISSUES

Defendant next attacks the single photograph confirmatory viewing and the identification made from the photo array. The single photo challenge raises a novel issue, namely, what evidence, outside of the complainant’s own testimony, may support a confirmatory identification?

The defendant’s attorney first alleges the single photo identification is invalid since the People have failed to estab[1004]*1004lish any prior familiarity which would show that the defendant and the complainant “are known to one another” (People v Gissendanner, 48 NY2d 543, 552).

Normally, a confirmatory identification gives rise “to a conclusion that, as a matter of law, the witness is so familiar with the defendant that there is ‘little or no risk’ that police suggestion could lead to a misidentification” (People v Rodriguez, 79 NY2d 445, 450). If there is little or no possibility of such suggestiveness, it is obvious that the need for a Wade hearing abates. To establish that an identification procedure is confirmatory, the prosecutor must show the degree or extent of the witness’ prior familiarity.

In the present case, defendant’s attorney stresses the fact that the victim related that he knew defendant from the neighborhood, having seen him approximately 50 times a year for five years. The argument is now raised that this neighborhood relationship is only a bare-boned conclusion on the complainant’s part, unsupported by Rodriguez-mandated background facts.

To support this view, it is alleged the victim did not know his aggressor’s name, residence or family background (see, People v Collins,

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Related

People v. Yukl
256 N.E.2d 172 (New York Court of Appeals, 1969)
People v. Moore
295 N.E.2d 780 (New York Court of Appeals, 1973)
People v. Hicks
341 N.E.2d 227 (New York Court of Appeals, 1975)
People v. Gissendanner
399 N.E.2d 924 (New York Court of Appeals, 1979)
People v. Johnson
453 N.E.2d 1246 (New York Court of Appeals, 1983)
People v. Collins
456 N.E.2d 1188 (New York Court of Appeals, 1983)
People v. Williams
465 N.E.2d 327 (New York Court of Appeals, 1984)
People v. Rodriguez
593 N.E.2d 268 (New York Court of Appeals, 1992)
People v. Bingham
176 A.D.2d 740 (Appellate Division of the Supreme Court of New York, 1991)
People v. Douglas
238 A.D.2d 733 (Appellate Division of the Supreme Court of New York, 1997)
People v. Ross
160 Misc. 2d 1 (New York Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
178 Misc. 2d 1000, 682 N.Y.S.2d 559, 1998 N.Y. Misc. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reid-nysupct-1998.