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PEOPLE v. DANIELS

128 A.D.2d 631 (1987)

The People of the State of New York, Respondent, v. Joseph Daniels, Appellant

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

March 9, 1987

Ordered that the judgment is affirmed.

Under the circumstances of this case the hearing court correctly found that the identifying witness had an independent source for his identification. The witness viewed the defendant from a distance of inches, under very good lighting conditions, for two or three minutes during the robbery which took place inside a subway token booth (see, People v Smalls,

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