PEOPLE v. RIVERA


22 N.Y.2d 453 (1968)

The People of the State of New York, Respondent, v. Milton Rivera, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Ira P. Sloane for appellant.

Aaron E. Koota, District Attorney (Harold M. Brown of counsel), for respondent.

Judges SCILEPPI, BREITEL and JASEN concur with Judge BERGAN; Chief Judge FULD dissents and votes to reverse in an opinion in which Judges BURKE and KEATING concur.


BERGAN, J.

At the trial of defendant for the hold-up of a grocery store, two witnesses, the store clerk and a customer, unqualifiedly identified him. The witnesses had defendant under observation from a distance of one to five feet in a well-lighted store ("two big fluorescent lights") for at least three minutes.

No objection was made by the defendant to the testimony of identification by the witnesses...

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