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PEOPLE v. TOMILIN

131 A.D.2d 897 (1987)

The People of the State of New York, Respondent, v. Larry Tomilin, Also Known as Larry Tomlin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 29, 1987

Ordered that the judgment is affirmed.

We reject the defendant's contention that the prosecution failed to establish by clear and convincing evidence that an independent source existed sufficient to sustain an in-court identification by the complainant not tainted by the on-the-scene showup. At the Wade hearing, the complainant testified that he saw the defendant twice on the date of the incident. The first time he...

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