In a July 2023 burglary case before the Appellate Division, Second Department in New York, the defendant highlighted possible issues in identifying a suspect through surveillance footage. This case involved a defendant who was charged with and eventually convicted of Burglary in the Second Degree. The defendant appealed his conviction, arguing in part that the trial court made a mistake when it allowed non-eyewitnesses to identify him in a home surveillance video as the person who had committed the burglary. Looking at the trial court’s record, the higher court denied the defendant’s appeal.
The Facts of the Case
According to the opinion, the defendant broke into a home one evening when the residents were out. He stole several items, all of which he brought back to his bedroom, which was located in a group home for mentally ill adults. The house’s residents had high-tech home surveillance footage, which they shared with the police after the burglary.
The investigators reviewed the footage, and eventually, several of the defendant’s parole officers identified the defendant as the person who committed the robbery. The State charged the defendant with burglary, grand larceny, criminal possession of a weapon in the third degree, petit larceny, and criminal mischief. His case went to trial, and a jury unanimously found him guilty. The court then sentenced him to time in prison as a result.