People v. Gonzalez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

All three preconditions to the application of CPL 60.25 (subd 2) having been met, the testimony of Officer Moroney confirming the pretrial identification of appellant by the witness Grant was properly admissible at trial (see People v Nival, 33 NY2d 391). Appellant apparently concedes both that the identifying witness "observed the person claimed by the people to be the defendant” at the crime scene (CPL 60.25, subd 1, par [a], cl [i]) and that he was "unable at [trial] to state, on the basis of present…