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PEOPLE v. GARCIA

56 A.D.3d 271 (2008)

866 N.Y.S.2d 667

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK GARCIA, Appellant.

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

November 6, 2008.

Defendant opened the door to the admission of testimony about a photographic identification (see People v Massie, 2 N.Y.3d 179 [2004]; People v Cruz, 249 A.D.2d 136 [1998], lv denied 92 N.Y.2d 924 [1998]; People v Mahone, 206 A.D.2d 263 [1994], lv denied 84 N.Y.2d 869 [1994]). Defendant's cross-examination of the identifying witness...

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