PEOPLE v. CASTAGNA


207 A.D.2d 902 (1994)

616 N.Y.S.2d 665

The People of the State of New York, Respondent, v. John Castagna, Appellant

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

September 26, 1994


Ordered that the judgment is affirmed.

On remittitur, the County Court found that the photographic identification made by Nassau County Police Detective Carr in a Brooklyn police station prior to the arrest of the defendant, but approximately seven months after the drug sale witnessed by this detective, was "merely confirmatory". Accordingly, the court concluded that the People's failure to provide the defendant with the notice otherwise required by

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