People v. Broadwater

Judgment unanimously affirmed. Memorandum: That the victim of this rape confused defendant with another person in the lineup affects only the weight to be accorded to two other identifications she made of defendant (see People v McCullers, 40 AD2d 796, 797, affd 33 NY2d 806; see, also, People v Thomas, 66 AD2d 1001). It is noted that the lineup participant whom the victim identified was included in the lineup at defendant’s request and bore a remarkable resemblance to defendant. In reviewing the legal sufficiency in a criminal case, the test to be applied is “whether ‘after viewing the…