PEOPLE v. JOHNSON


262 A.D.2d 155 (1999)

693 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVAL JOHNSON, Appellant.

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

Decided June 15, 1999.


The hearing court properly found that the victim's identification of defendant had a basis that was independent of a suppressed lineup and thus properly ruled that the victim could make an in-court identification of defendant (in this case, a photo identification because of defendant's absence from the trial). Contrary to defendant's argument, the record before the hearing court does not establish a discrepancy between the victim's description of defendant at the hearing...

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