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PEOPLE v. DIAZ

213 A.D.2d 353 (1995)

625 N.Y.S.2d 120

The People of the State of New York, Respondent, v. Jose Diaz, Appellant

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

March 30, 1995

The tentative lineup identification of defendant by the murder victim's wife did not preclude a finding of independent source and would properly go to the weight accorded the in-court identification, rather than its admissibility (see, People v McCullers, 40 A.D.2d 796, affd 33 N.Y.2d 806). The witness' subsequent inadvertent stationhouse viewing of defendant, which resulted in a...

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