PEOPLE v. CRUZ


249 A.D.2d 136 (1998)

672 N.Y.S.2d 26

The People of the State of New York, Respondent, v. Thomas Cruz, Appellant. The People of the State of New York, Respondent, v. Edwin Ortiz, Appellant

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

April 21, 1998


The court properly admitted testimony regarding photographic identifications made by the surviving victim since defendants opened the door to such testimony despite specific forewarning by the court. Both defendants created an unfair misimpression that the victim's Grand Jury testimony, in which she identified defendants by name, was a police-orchestrated fabrication. Support for this theory included the facts that the victim did not know defendants and did not see them subsequent...

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