State v. Artis
Annotate this CaseAfter a jury trial, Defendant was found guilty of accessory to assault in the first degree by means of a dangerous weapon. Defendant appealed, arguing that the trial court abused its discretion in denying his motion to suppress the victim’s out-of-court and in-court identifications of him as one of the victim’s assailants. The Appellate Court reversed, concluding that the admission of Defendant’s identifications following an unnecessarily suggestive procedure by the police violated Defendant’s constitutional rights, and the error was not harmless beyond a reasonable doubt. The Supreme Court reversed, holding (1) contrary to the Court’s holding in State v. Gordon, the improper admission of suggestive and unreliable identification is subject to harmless error analysis; and (2) assuming, without deciding, that the trial court erred in denying Defendant’s motion to suppress the victim’s identification testimony, the error was harmless.
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