PEOPLE v. KIRTON


160 A.D.2d 1026 (1990)

The People of the State of New York, Respondent, v. Donald Kirton, Appellant

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

April 30, 1990


Ordered that the judgment is affirmed.

We find that the complainant was properly allowed to make an in-court identification of the defendant, even though the conduct of the lineup had been found to be violative of the defendant's right to counsel, as there was an independent basis for such identification.

At the suppression hearing, the complainant testified that during the robbery, which occurred in a car at night, she observed the face of the defendant,...

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