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PEOPLE v. MILLER

8 A.D.3d 176 (2004)

779 N.Y.S.2d 187

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MILLER, Appellant.

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

June 24, 2004.

The court properly exercised its discretion in denying defendant's request to introduce expert testimony on identification (see People v Lee, 96 N.Y.2d 157 [2001]), particularly since one of the two identifying witnesses knew defendant for many years. "[E]ven without expert testimony, defendant was able to attack thoroughly the People's identification testimony through cross-examination...

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