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PEOPLE v. DAVIS

283 A.D.2d 655 (2001)

725 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM DAVIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 29, 2001.

Ordered that the judgment is affirmed.

At an independent source hearing, the People established by clear and convincing evidence that the in-court identification of the defendant was based upon the witness's independent observation of the defendant (see, People v Hyatt, 162 A.D.2d 713, 714; see also, People v Thomas, 51 N.Y.2d 466, 474-475).

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