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PEOPLE v. SANTIAGO

No. 166.

17 N.Y.3d 661 (2011)

958 N.E.2d 874

2011 NY Slip Op 7303

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN SANTIAGO, Appellant.

Court of Appeals of New York.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( Jeffrey I. Dellheim , and Steven Banks , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patrick J. Hynes , and Alan Gadlin , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

In this case, turning on the accuracy of eyewitnesses' recognition of an assailant's partially concealed face, we consider whether two additional eyewitness identifications sufficiently corroborated the victim's identification of the defendant, so as to render expert testimony on eyewitness recognition memory unnecessary. We conclude that they did not, and that it was error...

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