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PEOPLE v. DEVINE

550 KA 18-00302.

206 A.D.3d 1720 (2022)

169 N.Y.S.3d 443

2022 NY Slip Op 03853

The People of the State of New York, Respondent, v. Samuel D. Devine, Appellant.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

JILL L. PAPERNO , ACTING PUBLIC DEFENDER, ROCHESTER ( BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

Present —Whalen, P.J., Smith, Centra, Lindley and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of robbery in the third degree (Penal Law § 160.05), defendant contends that County Court erred in determining following a pretrial hearing that the bank teller who witnessed the robbery had an independent basis for her in-court identification of defendant. We reject that contention. "[E]ven when an identification...

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