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PEOPLE v. RAMOS

42 N.Y.2d 834 (1977)

The People of the State of New York, Respondent, v. Jose Ramos, Also Known as Alfredo Ortiz, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1977.

Attorney(s) appearing for the Case

Jo Ann Davis and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Ellen M. Coin of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice CHARLES MARGETT at the Appellate Division (-645).

MEMORANDUM.

In light of the invulnerable finding that the witness Carmen Jiminez had ample opportunity to observe the defendant at the time of the burglary, we hold that her in-court identification of the defendant had an independent source and was not tainted by any suggestive identification at the station house (see People v Cobenais, 39 N.Y.2d 968; People v Carter, 30 N.Y.2d 279

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