PEOPLE v. DeMAIO


154 A.D.2d 386 (1989)

The People of the State of New York, Respondent, v. Frank DeMaio, Appellant

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

October 2, 1989


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, we find that the court's conclusion that the witnesses' opportunity to view the defendant during the commission of the crime furnished an adequate independent basis for an accurate in-court identification was supported by the record and we see no reason to disturb it (see, People v Thomas, 51 N.Y.2d 466, 475).

As to the Sandoval...

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