People v. Macklin

Defendant was convicted, after bench trial, of armed robbery involving personal discharge of a firearm causing great bodily harm. No ineffective assistance of counsel in not presenting an expert witness to support defense that eyewitness identifications were unreliable. There is not a reasonable probability that presentation of such expert would have had any impact on outcome. Counsel filed pretrial motion to suppress identification testimony and did extensive cross-examination and argument at trial. Discrepancies in testimony of eyewitnesses is collateral and not fatal to reliability of their identifications. (LAVIN, concurring; HYMAN, dissenting.)