Fourth Department – Show-up identification: People v. Waggoner

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Show-up identification

Statements made to police

People v. Waggoner

KA 19-01868

Appealed from Chautauqua County Court

Background: The defendant appealed from his conviction for murder in the second degree. The conviction stems from an incident in which the defendant shot and killed the victim following an altercation that occurred outside the defendant’s home.

Ruling: The Appellate Division affirmed. The court held that the fact that the defendant was sitting on the porch in the presence of police officers at the time of the show-up identification did not render it unduly suggestive. Further, there was no error in suppressing statements made to the police as the defendant was questioned immediately after the incident while he was on the front porch of his home and not physically restrained in any way. The defendant’s subjective belief that he felt threatened by the police presence does not render the situation custodial as it is expected that police would investigate.

John J. Morrissey, of the Legal Aid Bureau of Buffalo, for the defendant-appellant; Amber L. Payne, of the district attorney’s office, for the respondent.

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