PEOPLE v. SIERRA


276 A.D.2d 274 (2000)

713 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SIERRA, Appellant.

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

Decided October 5, 2000.


Defendant failed to preserve his claim that the prosecutor did not lay the foundation required by CPL 60.25 for the admission of testimony from police officers who recounted the victim's identification of defendant moments after the knifepoint robbery, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record as a whole establishes that the victim was unable to make an in-court identification due to a lack of present...

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