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PEOPLE v. WALKER

289 A.D.2d 53 (2001)

733 N.Y.S.2d 423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMONT WALKER, Appellant.

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

Decided December 6, 2001.

The court properly denied defendant's motion to suppress identification evidence. The People satisfied their burden of establishing that the witness's identification of defendant was confirmatory (see, People v Rodriguez, 79 N.Y.2d 445). Although the witness did not know defendant by name, he had seen him approximately five times before the incident and had noticed his distinctive eyes and gait. He had also been warned by a friend...

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