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PEOPLE v. McCLANE

149 A.D.2d 536 (1989)

The People of the State of New York, Respondent, v. Curtis McClane, Appellant

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

April 10, 1989

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the People were not required to give him notice of their intention to call Officer Michelle as an identification witness. The notice requirement found in CPL 710.30 (1) (b) applies only when the identification witness has previously identified the defendant (see, People v Gissendanner, 48 N.Y.2d 543; People v Crespo,

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