P. v. Phothisane
A married couple walking home after dinner was robbed at gunpoint of a large bag containing the wife’s laptop. The robber sped away in a silver Mustang. The wife memorized part of the license plate. They called the police, describing the robber and the car. The next night, the police called them at 2:00 a.m. to ask if they could come to the police station immediately to attempt an identification of a suspect. Both husband and wife identified defendant in a cold show, and defendant made admissions that led to the recovery of the laptop. A jury convicted defendant of robbery. On appeal, defendant argues the cold show procedure was unnecessary and unduly suggestive, and his statements were involuntary because they were induced by promises of leniency. We conclude the cold show was neither unnecessary nor unduly suggestive under the circumstances of this case, and that defendant’s statements were voluntary. Therefore, we will affirm.
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