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PEOPLE v. MONTANEZ

16646, 1951/11

135 A.D.3d 528 (2016)

25 N.Y.S.3d 18

2016 NY Slip Op 00259

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MONTANEZ, Appellant.

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

Decided January 14, 2016.

The court properly exercised its discretion in permitting a police officer to identify defendant as the person depicted in a surveillance videotape. This testimony "served to aid the jury in making an independent assessment regarding whether the man in the [video] was indeed the defendant" (People v Russell, 79 N.Y.2d 1024, 1025 [1992]), because there was "some basis for concluding that the witness [was] more likely to correctly...

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