People State New York v. Eric Hyde
NY.44468; 568 N.Y.S.2d 388; 172 A.D.2d 305 (1991)
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Descrição da editora
Defendant was identified by the victim, in an after-midnight crime-area showup, as the man who had just robbed her of her
purse in a subway station. A "Sprint" transcript of the responding police officer's "911" transmissions revealed that the
armed perpetrator had been described as 5'7", wearing a tweed jacket and dark pants, whereas the testimony of the officer
and the victim recalled her description of the assailant as being about her height (5'9") and wearing a leather jacket and
tweed pants. The officer's typewritten complaint report misdescribed the assailant as having worn a "blue jacket [and a] blue
and red jacket", whereas the officer testified the description she received from the victim was that he had been wearing an
oversized, grey leather jacket over a blue and red basketball-type jacket. The typewritten report also omitted any check in
the box that would indicate use or possession of a weapon during the commission of the crime, although the narrative portion
did refer to the fact that the assailant had brandished a gun toward the victim when she had initially attempted to chase
him. Defendant was apprehended on the street, after a chase through the neighborhood, in possession of neither a gun nor the victim's
property.