People v. Russell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court did hot abuse its discretion or otherwise err as a matter of law in allowing four lay witnesses — defendant’s roommate, his roommate’s mother, his landlord, and a friend — who did not witness the bank robbery, to identify the defendant as the person depicted as the robber in two bank surveillance photographs (see, People v Byrnes, 33 NY2d 343, 348). Their testimony was clearly relevant inasmuch as the robber’s identity was the central issue in the case and the People presented ample proof…