MATTER OF JOHN F.


37 A.D.3d 373 (2007)

831 N.Y.S.2d 140

In the Matter of JOHN F., a Person Alleged to be a Juvenile Delinquent, Appellant. DISTRICT ATTORNEY, BRONX COUNTY, Respondent.

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

Decided February 27, 2007.


The court properly denied appellant's motion to preclude identification testimony on the ground of lack of notice, since the evidence established that the victim was sufficiently familiar with appellant prior to the crime so that the identification procedure was confirmatory and thus exempt from the notice requirement (see People v Rodriguez, 79 N.Y.2d 445 [1992]). The victim had extensive...

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