State v. Brandon Alves

Citations

• 183 A.3d 539

Syllabus

The defendant, Brandon Alves, appealed from a Superior Court judgment of conviction on count 1, robbery in the first degree, and count 2, conspiracy. Alves was found guilty of both counts by a jury and sentenced to the Adult Correctional Institutions for fifteen years, with six years to serve and nine years suspended as to count 1, and ten years suspended as to count 2. Alves sought to have his conviction and sentence vacated and asked the Supreme Court to grant him a new trial on the grounds that the trial justice erred in admitting into evidence identification testimony and a photograph of defendant. The Supreme Court affirmed the judgment of the Superior Court and determined that the identification testimony was not hearsay and that introduction at trial and use by police of a single photograph of defendant was neither unnecessarily suggestive, nor did it implicate defendant's right to due process.