People v. Posten

Appeal by the People from so much of an order of the Supreme Court, Kings County, entered October 27, 1975, as, after a hearing, granted the branch of defendant’s motion which sought suppression of the identification testimony of Carmen Morgan. Order reversed insofar as appealed from, on the law and the facts, and the branch of defendant’s motion which sought suppression of Carmen Morgan’s identification testimony is denied. We reverse on the ground that, under the totality of the circumstances, the victim’s identification of defendant was reliable and untainted by the confrontation (see Neil…