PEOPLE v. KOBBAH

3304/10. 8181.

168 A.D.3d 562 (2019)

90 N.Y.S.3d 517

2019 NY Slip Op 00401

The People of the State of New York, Respondent, v. Modechai Kobbah, Appellant.

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

Decided January 22, 2019.


Defense counsel failed to provide details to support the claim that the police may have rendered defendant's own lineup suggestive by using the same set of fillers that had been used in the uncharged suspect's lineup the day before. Accordingly, the court providently exercised its discretion in denying disclosure of the lineup photo and related relief.

Although the court erred in failing to give the jury a limiting instruction that the victim's mother's testimony...

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