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PEOPLE v. GRAY

2013-02427, Ind. No. 10636/06.

135 A.D.3d 874 (2016)

23 N.Y.S.3d 373

2016 NY Slip Op 00378

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER GRAY, Appellant.

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

Decided January 20, 2016.

Ordered that the judgment is affirmed.

An in-court identification of a defendant will not be suppressed merely by reason of an antecedent unlawful seizure, so long as the People establish, by clear and convincing proof, that the in-court identification is derived from the witness's independent recollection (see People v White, 117 A.D.2d 127, 133 [1986]; see also People v Marte, 12 N.Y.3d 583

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