Ordered that the judgment is affirmed.
During his trial testimony, one of the People's witnesses, for the first time, identified the defendant as having been present at a time and location proximate to the crime. The defendant contended that the in-court identification was improper because the People had failed to give notice pursuant to CPL 710.30. "However, the notice required by CPL 710.30 (1) (b) pertains to an anticipated in-court identification by a witness...
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