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PEOPLE v. CRUZ

167 A.D.2d 306 (1990)

The People of the State of New York, Respondent, v. Felix Cruz, Appellant

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

November 27, 1990

An eyewitness was unable to identify defendant in a photo array two months after the commission of the crimes for which defendant was convicted. Nevertheless she was permitted to make an in-court identification of defendant at trial, some two years later. We believe the testimony was properly admitted, and that the prior inability to identify defendant related to the weight, and not the admissibility, of the testimony (People v McCullers, 40 A.D.2d...

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