PEOPLE v. CHALLENGER

Ind. No. 913/17. Appeal No. 14564. Case No. 2018-03866.

200 A.D.3d 500 (2021)

157 N.Y.S.3d 461

2021 NY Slip Op 06927

The People of the State of New York, Respondent, v. Levi Challenger, Appellant.

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

Decided December 9, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), and Bracewell LLP, New York ( Rita K. Maxwell of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Diana Wang , of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.


The court should not have permitted the arresting detective to give lay opinion testimony that defendant was the person depicted in two surveillance videos. In this case, the alleged difference in appearance— the addition of eyeglasses—was de minimis, and the jury had access to photos of defendant without eyeglasses (see People v Reddick, 164 A.D.3d 526, 527 [2d Dept 2018...

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