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PEOPLE v. WILLIAMS

85 N.Y.2d 868 (1995)

649 N.E.2d 1193

626 N.Y.S.2d 49

The People of the State of New York, Respondent, v. Raymond Williams, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1995.

Attorney(s) appearing for the Case

Sally Wasserman, White Plains, for appellant.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Christopher Michael Shaw and Maryanne Luciano of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

As the Appellate Division found, and the People now concede, the undercover officer's viewing of a single photograph of defendant two days after the officer participated in a buy and bust operation could not be characterized as a mere confirmatory identification. Although the hearing court took evidence on an independent source for the officer's in...

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