PEOPLE v. WOODBERRY


176 A.D.2d 770 (1991)

The People of the State of New York, Respondent, v. Daniel Woodberry, Appellant

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

October 7, 1991


Ordered that the judgment is affirmed.

Notwithstanding the ruling following a suppression hearing allowing testimony at trial by an eyewitness concerning his station house identification of the defendant, no such testimony was given. Therefore, any error in the ruling permitting this testimony is academic in light of the eyewitness's failure to testify with respect thereto. In any event, we find that the witness's familiarity...

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