In re Joshua D.
Opinion of the Court
—Order of disposi
A review of the record demonstrates that there was an independent source for the complainant’s in-court identification of appellant based on the complainant’s observation of appellant at close range for two to three minutes in full daylight during the robbery (People v Cates, 245 AD2d 31, lv denied 91 NY2d 940; People v Santos, 202 AD2d 258, lv denied 83 NY2d 1007). Furthermore, the complainant had seen appellant at school numerous times, and had heard appellant’s name called by teachers in the school halls. We find nothing inconsistent about the court’s conclusion that even if the complainant’s prior knowledge of appellant did not rise to the level of obviating a Wade hearing altogether (see, People v Rodriguez, 79 NY2d 445), such knowledge was still highly probative of independent source (see, People v Brown, 34 NY2d 879). Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.