In re Romoan RR.
Court: Appellate Division of the Supreme Court of the State of New York; November 16, 1994; New York; State Appellate Court
An appeal was filed by the respondent from a Family Court order adjudicating him a juvenile delinquent based on charges of attempted robbery, robbery, and attempted grand larceny. The Family Court had placed him with the State Division for Youth for 18 months. The respondent contested the identification made by the victim during a show-up procedure, arguing it was suggestive and unreliable. The court noted that civilian show-up identifications must be evaluated for suggestiveness in context. In this case, the show-up occurred shortly after the crime, with the respondent apprehended near the crime scene. The victim identified him without police prompting, and his clothing matched her description. The court upheld the Family Court's determination that the identification was not unduly suggestive and that the victim had a sufficient independent basis for her in-court identification. Claims regarding minor inconsistencies in the identification and the victim's credibility were deemed insufficient to overturn the Family Court's factual findings. The respondent's speedy trial claim was also rejected, as the Family Court complied with the 60-day requirement for the fact-finding hearing following his release from detention, despite a delayed probable cause hearing, which the respondent acquiesced to. The court dismissed claims that the Family Court improperly limited cross-examination of the victim, finding that inquiries into irrelevant traffic infractions did not impact her credibility. The respondent was allowed limited questioning about the victim’s psychological history, but further inquiry was restricted due to lack of evidence of mental illness affecting her credibility. The appellate court found no abuse of discretion in these limitations. All remaining arguments from the respondent were found to lack merit. The order of the Family Court was affirmed without costs.