New York v. Video Evidence

Daniel N. Arshack

Practice Area:Criminal Defense

Outcome:dismissed

Description:A young man was charged with a gun point robbery of a car wash. The robbery was caught on video tape. The young man was seen and arrested in the vicinity of the car wash and was identified by the victim of the robbery. Although the individual in the video tape looked remarkably like our client, our careful review of the tape and our discussions with our client convinced us that we could prove that the man on the video tape was not our client. We had an expert in photogrametry examine the video tape, go to the scene to take very specific measurements of the scene and develop compelling evidence that the individual on the videotape was several inches taller than our client. On the eve of trial, the prosecutor dismissed the case.

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