PEOPLE v. RIVERA

8037, 4352/13.

170 A.D.3d 566 (2019)

96 N.Y.S.3d 553

2019 NY Slip Op 02262

The People of the State of New York, Respondent, v. Clemente Rivera, Appellant.

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

Decided March 26, 2019.


The court providently exercised its discretion in permitting two witnesses to give lay opinion testimony that defendant was the person depicted in photos from surveillance videotapes from areas in and around the building where the robbery occurred and at the shelter where defendant resided both several months prior to the robbery and at the time of the robbery. This testimony "served to aid the jury in making an independent assessment regarding whether the man in the [videos...

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