People v. Colon

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered July 30, 2002, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of five years, unanimously affirmed.

The court properly denied defendant’s motion to preclude identification evidence on the ground of lack of CPL 710.30 (1) (b) notice. Rather than being police-arranged, the spontaneous identification made by an eyewitness was a pure happenstance and the People were therefore not required to provide notice (see People v Dixon, 85 NY2d 218 [1995]; People v Jenkins, 176 AD2d…