PEOPLE v. GUTIERREZ


235 A.D.2d 221 (1997)

652 N.Y.S.2d 270

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

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

January 9, 1997


The hearing court properly found that the People established by clear and convincing evidence that there was an independent source for the identification of defendant at trial. At the independent source hearing, the witness testified that he had had an unobstructed view of defendant and defendant's accomplice when they flagged him down for a cab ride. The witness also had an opportunity to observe defendant when he looked at him through his rear view mirror and when he turned...

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