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PEOPLE v. DIGGS

25 A.D.3d 807 (2006)

807 N.Y.S.2d 579

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD DIGGS, Appellant.

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

January 31, 2006.

Ordered that the judgment is affirmed.

After the prosecutor elicited an in-court identification of the defendant from an eyewitness who had testified that he did not see the suspect's face, the defendant moved for a mistrial or, alternatively, to strike the entire testimony of the witness. The trial court denied the motion except to the extent of striking the question and answer.

The decision whether to declare a...

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