PEOPLE v. McQUILLER


202 A.D.2d 978 (1994)

609 N.Y.S.2d 490

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

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

March 11, 1994


Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied defendant's motion to preclude identification testimony of the police officer who identified defendant from a group of mug shots. The photo identification procedure took place three days after the officer participated in an undercover operation to purchase narcotics. The notice requirement of CPL 710.30 is not applicable where defendant's identity is not in issue (see, People...

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