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PEOPLE v. WELCOME

181 A.D.2d 628 (1992)

The People of the State of New York, Respondent, v. Charles Welcome, Appellant

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

March 31, 1992

While the victim was unable to observe defendant's face during the robbery, her positive identification of his build, stature and clothing constituted sufficient proof of identity as a matter of law (Matter of Ryan W., 143 A.D.2d 435, 437; People v Spinks, 37 A.D.2d 424). Indeed, the defendant was apprehended within minutes of the crime, in close proximity thereto and in possession of complainant...

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