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PEOPLE v. WOOLCOCK

7 Misc.3d 203 (2005)

792 N.Y.S.2d 804

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BARRINGTON WOOLCOCK, Defendant.

Supreme Court, Kings County.

January 31, 2005.

Attorney(s) appearing for the Case

Rothman, Schneider, Soloway & Stern, LLP, New York City (Robert A. Soloway of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Phyllis Chu of counsel), for plaintiff.

OPINION OF THE COURT

GUSTIN L. REICHBACH, J.

Background

This court is again confronted with the recurring aporia in New York identification law regarding evidence of pretrial identifications. New York law has been interpreted as prohibiting trial testimony about a previous identification in an excellent photo array, yet has a more expansive approach in admitting testimony of pretrial identifications in less than compelling corporeal lineups.

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