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MATTER OF ALISHA V.

35 A.D.3d 296 (2006)

827 N.Y.S.2d 124

In the Matter of ALISHA V., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided December 21, 2006.

As we held in a companion case (Matter of Amanda L., 30 A.D.3d 180 [2006]), a Rodriguez hearing (People v Rodriguez, 79 N.Y.2d 445 [1992]) is necessary to determine if the witness in question was sufficiently familiar with this appellant so as to exempt her out-of-court identification from the CPL 710.30 (1) (b) notice requirement. We find no basis upon which to make a different determination...

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