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PEOPLE v. SIMS

245 A.D.2d 316 (1997)

666 N.Y.S.2d 433

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

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

December 1, 1997

Ordered that the judgment is affirmed.

It is well settled that a witness may make an in-court identification of a perpetrator despite the existence of an unduly suggestive pretrial identification procedure, so long as the People demonstrate by clear and convincing evidence that the in-court identification is based upon the witness's independent observation of the accused (see, People v Owens,

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