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PEOPLE v. WATERMAN

56 A.D.3d 329 (2008)

868 N.Y.S.2d 22

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEON WATERMAN, Appellant.

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

November 18, 2008.

At a Rodriguez hearing (People v Rodriguez, 79 N.Y.2d 445 [1992]), the prosecution established that a witness had sufficient familiarity with defendant so that his photographic identification was confirmatory and thus exempt from notice and hearing requirements. The prosecution had no obligation to call the identifying witness, and it properly established this prior knowledge through the testimony of a detective (see People...

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