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PEOPLE v. WILLIAMS

Ind. No. 941/17. Appeal No. 15593. Case No. 2019-2100.

203 A.D.3d 612 (2022)

162 N.Y.S.3d 735

2022 NY Slip Op 02072

The People of the State of New York, Respondent, v. David Williams, Appellant.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Carola M. Beeney of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

After suppressing, on Fourth Amendment grounds, an undercover officer's confirmatory identification of defendant, the hearing court correctly found that the testimony adduced at the hearing demonstrated by clear and convincing evidence that the officer had an independent source for the identification (see People v Shepard, 67 A.D.3d 446 [1st Dept 2009], lv denied 14 N.Y.3d 805 [2010]). In...

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