PEOPLE v. COVER


198 A.D.2d 514 (1993)

604 N.Y.S.2d 192

The People of the State of New York, Respondent, v. Mark Cover, Also Known as Paul Powell, Appellant

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

November 29, 1993


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that the trial court erred by permitting a witness to testify as to his prior identification of the defendant. The People's eyewitness initially testified that he identified Mark Cover as the perpetrator at the scene of the incident. However, when asked to make an in-court identification, the witness stated that the defendant...

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