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PEOPLE v. HERNANDEZ

4129, 465/03.

80 A.D.3d 540 (2011)

915 N.Y.S.2d 76

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS HERNANDEZ, Appellant.

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

Decided January 27, 2011.

At a pretrial hearing, the People established that a witness had a sufficient familiarity with defendant to make a confirmatory identification (see People v Rodriguez, 79 N.Y.2d 445 [1992]). As to another eyewitness, no such inquiry was necessary because he never made a pretrial identification of defendant.

Defendant expressly waived any claim that the court should have submitted manslaughter in the second degree as...

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