PEOPLE v. JAMESON

1091, 6630/05

66 A.D.3d 407 (2009)

885 N.Y.S.2d 595

2009 NY Slip Op 6774

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN JAMESON, Appellant.

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

Decided October 1, 2009.


In this store-robbery case where identity was a central issue, the court properly permitted a manager of the store to testify that she recognized defendant because of his prior shoplifting attempts, and that this recognition also led her to pay close attention to defendant immediately before the robbery and to warn another employee to do likewise. This evidence was highly probative of the manager's ability to identify defendant, and its value would have been unduly restricted...

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