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PEOPLE v. WEBSTER

248 A.D.2d 738 (1998)

670 N.Y.S.2d 871

The People of the State of New York, Respondent, v. Paul Anderson Webster, Appellant

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

March 30, 1998

Ordered that the judgment is affirmed.

A witness was properly permitted to make an in-court identification of the defendant notwithstanding her tainted pretrial identification of him because the People demonstrated by clear and convincing evidence that the witness's in-court identification was based upon her observation independent of the suggestive pretrial identification procedure (see, People v Hyatt, 162 A.D.2d 713

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