PEOPLE v. HERNANDEZ


154 A.D.2d 197 (1990)

The People of the State of New York, Respondent, v. Wilson Hernandez, Appellant

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

March 2, 1990


Attorney(s) appearing for the Case

Philip L. Weinstein (Diana Zalph of counsel), for appellant.

Charles J. Hynes, District Attorney (Barbara Underwood, Jessica Hecht and Jane Sutley of counsel), for respondent.

MOLLEN, P. J., THOMPSON and LAWRENCE, JJ., concur.


EIBER, J.

As a general proposition, the testimony of third parties recounting a witness's prior identification is inadmissible to establish the identity of the defendant as the perpetrator of the crime (see, People v Trowbridge, 305 N.Y. 471). An exception to this rule is codified in CPL 60.25. Under this statute, a third party who was present at a prior identification...

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