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PEOPLE v. SHAW

232 A.D.2d 174 (1996)

647 N.Y.S.2d 751

The People of the State of New York, Respondent, v. Richard Shaw, Appellant

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

October 1, 1996

At trial, one of the robbery victims testified that he could not remember defendant's face because the robbery occurred "too long ago". He was, however, able to remember picking out number five in a lineup held several hours after the robbery. Accordingly, a sufficient basis was established for testimony by a detective that defendant occupied position five and the witness positively identified him at the lineup (CPL 60.25 [1] [b...

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