People v. Concepcion

There is no merit to defendant’s contention that at the Rodriguez hearing (People v Rodriguez, 79 NY2d 445) he had a right to be present but out of sight of the identification witness, listening from the robing room, and that at trial he should have been permitted to sit with the jurors or that a look-alike should have been seated at the defense table. Such unusual seating arrangements, which would create logistical problems and undermine the court’s ability to control the courtroom, are unnecessary to test the reliability of familiarity testimony, cross-examination being sufficient, and once…