PEOPLE v. CHERNY


179 A.D.2d 938 (1992)

The People of the State of New York, Respondent, v. Gary F. Cherny, Appellant

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

January 30, 1992


Mercure, J.

Convicted after trial of various counts of burglary and assault as the result of a brutal attack on two elderly victims, defendant appeals, challenging only County Court's determination that the victims' photographic identification of defendant was merely confirmatory and as such did not trigger the notice provisions of CPL 710.30. We affirm.

In sharp contrast to defendant's contention that the victims' prior relationship with defendant...

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