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PEOPLE v. LEE

8309. 986/12.

169 A.D.3d 404 (2019)

93 N.Y.S.3d 292

2019 NY Slip Op 00824

The People of the State of New York, Respondent, v. Nino Lee, Appellant.

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

Decided February 5, 2019.

At a Rodriguez hearing (see People v Rodriguez, 79 N.Y.2d 445 [1992]), a detective's testimony established that a witness was sufficiently familiar with defendant so that his identification of defendant was confirmatory. The People were not obligated to call the identifying witness (see e.g. People v Espinal, 262 A.D.2d 245 [1st Dept 1999], lv denied 93 N.Y.2d 1017 [1999])...

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