- Associated Press - Thursday, December 17, 2015

ALBANY, N.Y. (AP) - New York’s top court says authorities should keep a record of the photo arrays of suspects that are show to witnesses, including computerized picture collections now used.

The Court of Appeals, divided 4-2, says failure to preserve that record creates “a rebuttable presumption” that the pictures shown a witness were “unduly suggestive.”

The ruling concerns Todd Holley’s convictions for trying to steal a woman’s purse on a Manhattan subway platform in 2010 and returning to assault the woman and a bystander before fleeing.

The court majority is upholding the conviction, although a record wasn’t kept of the photo array from which Holley was first identified.

The judges note that the detective at a suppression hearing testified about the procedures and that he did not have a particular suspect in mind.



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