Sample v. Commonwealth

Syllabus

02/08/2024 In an appeal from a conviction for the crime of attempted robbery, in which the defendant assigns error to the trial court's denial of his motion to suppress an out-of-court identification and subsequent in-court identification, and to the denial of a motion to strike the evidence as insufficient, the conviction is affirmed after considering whether a single-photo showup in which the victim identified the defendant was impermissibly suggestive and, even if it were, whether it was nonetheless constitutionally reliable and thus admissible under the totality of the circumstances. It is determined that the evidence presented was sufficient to convict this defendant of attempted robbery. The judgment of the Court of Appeals, affirming the decision of the trial court, is affirmed.