Ordered that the judgment is affirmed.
The defendant contends that it was error for the trial court at the second trial to permit one of the eyewitnesses to testify that at the first trial she had identified the defendant as one of the culprits. However, under CPL 60.30 prior identification evidence is admissible. Moreover, the defendant cannot now successfully argue that the prior in-court identification was unduly suggestive since as it was defense counsel who elicited...
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