Anthony Capozzi

● Defense argued innocence, with counsel saying in the opening statement: “He’s a victim of it absolutely without question, mistaken identity."

• Eyewitness

• Intraracial Identificaiton
• Victim

• Lineup

Yes ● Suggestive line-ups – defendant was the only person without facial hair and the shortest in lineup, and in second lineup, only one with short cropped hair

Yes ● Initial nonidentification ● Initially uncertain of i.d. – victim “unsure" and identified a filler initially – one victim could not see attacker’s face ● Discrepancies – included facial hair, weight, age, acne and failure to mention prominent scar on forehead

One victim “just saw the outline of his body” and not his face Q: Did you feel that, whether you were rushed or not, that you had to put a number down? A: Yes I did. Q: As I understand it, you put a number down on the sheet supplied to you by the police officer conducting the lineup. A: Yes I did. Q: What else did you put down? A: I put down I was unsure." Q: And you observed at the time, did you not, that Anthony, the person that you saw in the lineup and the person that you pointed to and picked out in the second lineup, was heavier or fatter I think is the word you used, fatter than the person who did this thing to you in December of 1983, right? A: Yes.

• Jackson Claim
• Jury Instructions
• State Law Evidence Claim
• Suggestive Eyewitness Identification

People v. Capozzi, 152 A.D.2d 985 (N.Y.App.Div. 4 Dept., 1989)