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PEOPLE v. FROST

289 A.D.2d 23 (2001)

734 N.Y.S.2d 18

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN FROST, Appellant.

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

Decided December 4, 2001.

The court properly permitted an in-court identification of defendant by a witness whose lineup identification had been suppressed on right to counsel grounds. Under the totality of the circumstances (see, Neil v Biggers, 409 U.S. 188), including the nearly two-hour period that the witness played basketball with defendant prior to the incident, the People met their burden of demonstrating by clear and convincing evidence (see, People...

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