An appeals panel in Brooklyn has toppled an attempted murder conviction, casting doubt on the eyewitness identification of a complainant who admits he was drunk, high and focused on the weapon rather than the person carrying it.
People v. Bailey, 2013 NY Slip Op 00101, comes at a time of increasing concern over the reliability of eyewitness identification. Indeed, the day the decision was released by the Appellate Division, Second Department, Governor Andrew Cuomo in his State of the State address called for new, tougher procedures in photo identification procedures (NYLJ, Jan. 10). Additionally, Chief Judge Jonathan Lippman (See Profile) has called for eyewitness identification reform as a antidote to wrongful convictions.
