Contrary to defendant's argument before the trial court and on appeal, the complainant did not testify that defendant was not one of the men who had robbed him, but repeatedly testified that he could not identify defendant at the time of trial because of changes in appearance between the time of the incident and the time of trial. Thus, the trial court properly admitted police testimony of the complainant's positive showup identification of defendant (CPL 60.25;
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PEOPLE v. JOHNSON
196 A.D.2d 765 (1993)
602 N.Y.S.2d 15
The People of the State of New York, Respondent, v. Steven Johnson, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 28, 1993
September 28, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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