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PEOPLE v. WRIGHT

63 A.D.3d 547 (2009)

880 N.Y.S.2d 483

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAHINE WRIGHT, Appellant.

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

Decided June 18, 2009.

The court properly found, by clear and convincing evidence, that although a lineup had been suppressed on right to counsel grounds, the victim could make an in-court identification of defendant based upon an independent source (see e.g. People v Robinson, 8 A.D.3d 95 [2004], lv denied 3 N.Y.3d 742 [2004]). There is no basis for disturbing the court's determinations concerning credibility...

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