PEOPLE v. ALSTON


24 A.D.3d 391 (2005)

806 N.Y.S.2d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN ALSTON, Appellant.

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

December 29, 2005.


The court properly exercised its discretion (see CPL 270.50 [1]) in denying defendant's request for a visit to the crime scene. Photographs of the scene, as well as the testimony of the eyewitnesses and defendant's investigator, permitted the jury to determine whether the eyewitnesses were able to make reliable identifications of defendant from their nearby vantage point (see People v. Clark, 225 A.D.2d 472 [1996], lv denied...

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