People v. Hardy

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEVON HARDY, Appellant

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

Date published: Oct 22, 1992

186 A.D.2d 458 (N.Y. App. Div. 1992)

589 N.Y.S.2d 35

Opinion

October 22, 1992

Appeal from the Supreme Court, New York County (Albert P. Williams, J.).

The testimony elicited by the People concerning the inability of the witnesses to identify defendant at trial substantially complied with CPL 60.25 (1) (a) (iii), and the inferential testimony of the officers, as noted by defendant, irresistibly leads to the conclusion that a prior identification was made. The challenged testimony, therefore, was properly admitted as evidence in chief.

Concur — Wallach, J.P., Kupferman, Kassal and Rubin, JJ.