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PEOPLE v. KELLY

2006-09513

68 A.D.3d 895 (2009)

2009 NY Slip Op 9254

889 N.Y.S.2d 491

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT KELLY, Appellant.

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

Decided December 8, 2009.

Ordered that the judgment is affirmed.

Following the suppression of the victim's lineup identification of the defendant, the People established by clear and convincing evidence at an independent source hearing that the in-court identification of the defendant was based upon the witness's independent observation of the defendant during the commission of the crime (see People v Marte, 12 N.Y.3d 583...

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