PEOPLE v. MONTANEZ


297 A.D.2d 825 (2002)

748 N.Y.S.2d 58

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER MONTANEZ, Appellant.

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

Decided September 30, 2002.


Ordered that the judgment is affirmed.

We agree with the hearing court that, despite a defective pretrial identification procedure, there was an independent basis for the witness's in-court identification of the defendant. While the witness was only able to observe the defendant for a short time on the night of the shooting, the area where she observed him was illuminated by four street lights. Furthermore, the witness...

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