PEOPLE v. POLITE


228 A.D.2d 705 (1996)

644 N.Y.S.2d 977

The People of the State of New York, Respondent, v. Michael Polite, Appellant

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

June 24, 1996


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the trial court erred in permitting third-party testimony that the complainant identified the defendant at the time of his arrest, 10 minutes after the crime, where the complainant was unable to positively identify the defendant at trial as one of the men who robbed him.

CPL 60.25 allows third-party testimony where a witness has validly identified a defendant on a prior...

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