Inasmuch as both witnesses were available at trial and were subjected to thorough cross-examination concerning their out-of-court identification statements, one of which was reduced to writing and signed, such statements may be considered by the jury for substantive purposes. See Fed.R.Evid. 801(d)(1)(C); [1975] U.S. Code Cong. Admin.News pp. 1092, 1094-95; Gilbert v. California, 388 U.S. 263, 272 n. 3. 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1966); United States v. Capps, 578 F.2d 48 (10th Cir. 1978); United States v. Hudson, 564 F.2d 1377, 1379 (9th Cir. 1977); Anderson v. Maggio, 555 F.2d 447, 449-50 (5th Cir. 1977); DiAngelo v. United States, 406 F. Supp. 880 (E.D.Pa. 1976). Kendal Ingram testified in his own behalf and denied that he had participated in the robbery.
We find no error in the admission of the evidence because Federal Rule of Evidence 801(d)(1)(C) expressly provides that the testimony of a declarant testifying at trial and subject to cross examination as to a prior identification of a person after perceiving him is not hearsay. See DiAngelo v. United States, 406 F. Supp. 880, 881 (E.D.Pa. 1976). Though a prior identification may be equivocal, the jury is entitled to give it such weight as it will after hearing the testimony under direct and cross examination.
If the appellant is able to furnish better evidentiary support for the present contentions based on material not provided in the record on appeal, or to frame and document contentions of ineffectiveness which we have not considered here, he is entitled to seek collateral relief in the Superior Court. See United States v. Brown, 155 U.S.App.D.C. 177, 179, 476 F.2d 933, 935 (1973), and DiAngelo v. United States, 406 F. Supp. 880, 884-85 (E.D.Pa. 1976), [ aff'd, 566 F.2d 1168 (3rd Cir. 1977),] both of which dealt with the federal analogue of our § 23-110 proceeding, 28 U.S.C. § 2255 (1970). We express no view on whether appellant has a basis for such collateral relief in this case.
If the appellant is able to furnish better evidentiary support for the present contentions based on material not provided in the record on appeal, or to frame and document contentions of ineffectiveness which we have not considered here, he is entitled to seek collateral relief in the Superior Court. See United States v. Brown, 155 U.S.App.D.C. 177, 179, 476 F.2d 933, 935 (1973) and DiAngelo v. United States, 406 F. Supp. 880, 884-85 (E.D.Pa. 1976), both of which dealt with the federal analogue of our § 23-110 proceeding, 28 U.S.C. § 2255 (1970). We express no view on whether appellant has a basis for such collateral relief in this case.