(DOWNLOAD) "People State New York v. Carlos Gonzalez" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Carlos Gonzalez
- Author : Court of Appeals of New York
- Release Date : January 27, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
All three preconditions to the application of CPL 60.25 (subd 2) having been met, the testimony of Officer Moroney confirming the pretrial identification of appellant by the witness Grant was properly admissible at trial (see People v Nival, 33 N.Y.2d 391). Appellant apparently concedes both that the identifying witness "observed the person claimed by the people to be the defendant" at the crime scene (CPL 60.25, subd 1, par [a], cl [i]) and that he was "unable at [trial] to state, on the basis of present recollection, whether or not [appellant was] the person in question" (CPL 60.25, subd 1, par [a], cl [iii]). The record contains evidence that the third condition also was met. In the presence of Officer Moroney at the station house, Grant "observed * * * a person whom he recognized" as the subject of his on-the-scene observation (CPL 60.25, subd 1, par [a], cl [ii]).