Legal Opinion

People v. Gramby

Appellate Division of the Supreme Court of the State of New York

Decided June 1, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered May 13, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*347Contrary to the defendant’s contention, where a witness is unable to recognize a defendant due to a lapse of time or change in appearance, the testimony of third persons “ ‘to whom the witness promptly declared his recognition on such occasion’ (CPL 60.25 [1] [b]), is allowable as evidence-in-chief of identification” (People v Bayron, 66 NY2d 77, 81; see…

2Cases cited7 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. People v. BanchNew York Court of Appeals · 1992
  3. People v. GravesNew York Court of Appeals · 1995
  4. People v. RogelioNew York Court of Appeals · 1992
  5. People v. BayronNew York Court of Appeals · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. Chia Yen YunAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. WaltersAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. YelvertonAppellate Division of the Supreme Court of the State of New York · 2002

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