The People v. Thomas P. Perdue

Summary

The Court of Appeals held that when the prosecution may elicit a witness's first-time, in-court identification, it must make the defendant aware of that possibility as early as practicable. Upon a timely defense request, the trial court may order procedures to test reliability or reduce suggestiveness, and must determine admissibility by balancing probative value against the risk of misidentification and other prejudice. The court affirmed because the defendant had sufficient notice, the identification had significant reliability indicators and corroboration, and any error was harmless.