PEOPLE v. ESPINAL


128 A.D.2d 634 (1987)

The People of the State of New York, Respondent, v. Benjamin Espinal, Appellant

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

March 9, 1987


Ordered that the judgment is affirmed.

Although the defendant was the subject of two suggestive pretrial identification procedures, the trial court properly permitted the complainants to identify the defendant at trial as there were clearly independent bases therefor. Furthermore, a review of the record indicates that the evidence amply supports the jury's verdict. The defendant was identified by both complainants who testified that the defendant and another man robbed...

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