People v. Heath

Judgment unanimously affirmed. Memorandum: At a Wade hearing prior to defendant’s first trial, a prosecution witness testified that she was shown photographs but failed to identify defendant from those photographs. Defendant’s conviction was reversed (People v Heath, 175 AD2d 562). At the retrial, on cross-examination, that witness testified that she had identified defendant from photographs. When pressed by defense counsel, however, she equivocated and indicated that she believed that she had identified defendant from photographs. On appeal, defendant argues that the People violated CPL…