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PEOPLE v. UGWU

Ind. No. 3830/14. Appeal No. 15195. Case No. 2018/3071.

202 A.D.3d 416 (2022)

158 N.Y.S.3d 571

2022 NY Slip Op 00634

The People of the State of New York, Respondent, v. Nnaemeka Ugwu, Appellant.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Harold V. Ferguson, Jr. of counsel), for appellant.

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

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

The court correctly determined that the victim was sufficiently familiar with defendant so that her identification of defendant was confirmatory (see People v Rodriguez, 79 N.Y.2d 445, 451-453 [1992]). The responding officer testified that, over a six-month period of time leading up to the crime, the victim had seen defendant on a regular basis in a park, that defendant had frequently spoken to her as she traversed the park, and...

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