PEOPLE v. ARMSTRONG


288 A.D.2d 484 (2001)

733 N.Y.S.2d 497

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK ARMSTRONG, Also Known as EDDIE FRANKLIN, Appellant.

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

Decided November 26, 2001.


Ordered that the judgment is affirmed.

A prosecution witness, who had not made a pretrial identification of the defendant, was seated in the spectator section of the courtroom during the last 10 minutes of the testimony of another prosecution witness. The defendant contends that the trial court erred in permitting that witness to make an incourt identification without first holding a hearing to determine whether such an...

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