PEOPLE v. ASHE


297 A.D.2d 287 (2002)

746 N.Y.S.2d 38

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLEE ASHE, Appellant.

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

Decided August 5, 2002.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record supports the hearing court's conclusion that the complainant had an independent basis for identifying the defendant at trial. A witness may identify a perpetrator of a crime as part of his or her in-court testimony, notwithstanding the existence of a procedurally defective pretrial identification procedure, provided that the People establish by clear and convincing evidence that...

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