People v. Russell

Although we find that the photographic identification of the defendant by the complaining witness may well have been tainted, the lineup was held approximately four months thereafter and was thus sufficiently attenuated in time to nullify any taint (see, People v Allen, 134 AD2d 598; People v Watts, 130 AD2d 695, lv denied 70 NY2d 718). Moreover, the record fully supports the hearing court’s determination that the complainant had an independent source for his recollection of the defendant upon which to base an in-court identification (see, Manson v Brathwaite, 432 US 98; People v Ballott, 20…