People v. Boone
New York Court of Appeals
30 N.Y.3d 521 (2017)
Facts
A White man in his 20s had his cell phone stolen by a Black man on the street. Several days later, a White teenager experienced a similar theft and was stabbed when he did not immediately let go of his phone. The victims separately identified the same suspect, Otis Boone (defendant), from two six-person lineups, though the teenager was uncertain until he heard Boone speak. Boone was charged with first-degree robbery and other crimes. At trial, Boone’s defense attorney requested a jury instruction on the issue of cross-racial identification—i.e., the decreased accuracy with which eyewitnesses identify people of other races. The trial court denied the request, citing the lack of expert testimony on the matter. Boone was convicted and sentenced. Boone appealed. The appellate division modified the sentence but affirmed the judgment, finding no error in the trial court’s denial of a jury charge on cross-racial identification. Boone again appealed. The New York Court of Appeals granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Fahey, J.)
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