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People v. Montanez

297 A.D.2d 825, 748 N.Y.2d 58, 748 N.Y.S.2d 58, 2002 N.Y. App. Div. LEXIS 8859
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 30, 2002
StatusPublished

This text of 297 A.D.2d 825 (People v. Montanez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Montanez, 297 A.D.2d 825, 748 N.Y.2d 58, 748 N.Y.S.2d 58, 2002 N.Y. App. Div. LEXIS 8859 (N.Y. Ct. App. 2002).

Opinion

We agree with the hearing court that, despite a defective [826]*826pretrial identification procedure, there was an independent basis for the witness’s in-court identification of the defendant. While the witness was only able to observe the defendant for a short time on the night of the shooting, the area where she observed him was illuminated by four street lights. Furthermore, the witness had seen the defendant, who was dating the witness’s friend, on numerous occasions prior to the shooting (see People v Washington, 111 AD2d 418; People v Dixon, 158 AD2d 467). Altman, J.P., Florio, O’Brien and H. Miller, JJ., concur.

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Related

People v. Washington
111 A.D.2d 418 (Appellate Division of the Supreme Court of New York, 1985)
People v. Dixon
158 A.D.2d 467 (Appellate Division of the Supreme Court of New York, 1990)

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Bluebook (online)
297 A.D.2d 825, 748 N.Y.2d 58, 748 N.Y.S.2d 58, 2002 N.Y. App. Div. LEXIS 8859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montanez-nyappdiv-2002.