PEOPLE v. FE LIN


281 A.D.2d 321 (2001)

722 N.Y.S.2d 155

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHANG FE LIN, Appellant.

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

Decided March 22, 2001.


Photographic identification testimony was rendered admissible by a complainant's unexplained statement during cross-examination that he had viewed photographs, coupled with information elicited by defendant that the other complainant had viewed pictures on the day of the incident and made a misidentification as to the codefendant. These sets of facts left the jury to speculate that unfavorable evidence was being withheld by the prosecution and to draw an unfair inference...

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