People v. Rivera

At the trial of defendant for the hold-up of a grocery store, two witnesses, the store clerk and a customer, unqualifiedly identified him. The witnesses had defendant under observation from a distance of one to five feet in a well-lighted store (“two big fluorescent lights ”) for at least three minutes.

No objection was made by the defendant to the testimony of identification by the witnesses. On cross-examination defendant adduced proof that one of the witnesses, Vargas, the customer *455who had been shot in the hold-up, identified defendant at a hospital where he was under treatment.

The other…