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PEOPLE v. GEE

99 N.Y.2d 158 (2002)

782 N.E.2d 1155

753 N.Y.S.2d 19

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL GEE, Appellant.

Court of Appeals of the State of New York.

Decided December 12, 2002.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Brian Shiffrin, Kathleen McDonough and Janet C. Somes of counsel), for appellant.

Howard R. Relin, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

Defendant was convicted of robbery for an armed holdup of a clerk in a convenience store. The robbery was recorded on the store's surveillance videotape, which the clerk viewed shortly after the event. As his chief contention on this appeal, defendant asserts that the clerk's identification testimony should have been precluded, owing to the People's failure to serve him...

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