Legal Question in Criminal Law in New York

Having a witness identify a weapon?

Police are falsly accusing me of a robbery, nothing was recovered at the scene and no ID was made they said it was a mask and gloves robbery no DNA or forensic evidence put me at the scene.They're saying my gun was used in the robbery,but no gun was recovered from the robbery or at the scene.I got pulled over with the gun in my backseat oneday,they took pictures of it and let me go(it was loaded when they pulled me over).They arrested me a month after the robbery and said that my gun was used in the robbery,they said one of the witnesses identified my gun,my gun has no special attachments,nothing that makes it different than any other gun,it was a legal gun.So they showed the witness the pictures they took of my gun and the witness said that it was the same model.[Can the police just show the witness the pictures of my gun and no other gun, or do they have put it with an array of pictures, like when they do a human lineup,do they have to do a weapon lineup, with other guns?]


Asked on 6/20/06, 12:52 pm

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Having a witness identify a weapon?

Your lawyer will need pursue a motion.

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Answered on 6/20/06, 12:58 pm


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