Fourth Department – Confidential witness: People v. Sanchez

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

Confidential witness — Protective order — Suppression identity evidence

People v. Sanchez

KA 23-00355

Appealed from Onondaga County Court

Background: The defendant appealed from his conviction of murder, attempted murder, and three counts of criminal possession of a weapon. The charges arose from an incident during which several men drove to a memorial service, exited their vehicles and opened fire on the crowd. Two people were shot, and one died. The defendant argues that the court erred in issuing a protective order regarding one witness as well as refusing to suppress identification evidence.

Ruling: The Appellate Division affirmed. The court held that the court appropriately balanced the defendant’s interests and the witness’s safety noting that the identity of the witness was not disclosed to the defendant but to his counsel to permit a proper cross-examination defense. Furthermore, the photo array shown to the witness was not unduly suggestive and the defendant did not propose any information that could have been obtained regarding the circumstances of the witness’s identification. Thus, there was no abuse of discretion in preventing the defendant from cross-examination of the witness. Furthermore, three officers testified at the suppression hearing confirming the defendant’s identity.

Veronica Reed for the defendant-appellant; Jonathan Sanchez, pro se; David D. Bassett, of the district attorney’s office, for the respondent.

Oral argument video