People v. Morales

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MORALES, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 10, 1998

248 A.D.2d 173 (N.Y. App. Div. 1998)

670 N.Y.S.2d 768

Opinion

March 10, 1998

Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).

The officers' viewing of defendant's arrest photograph several days prior to trial was proper preparation for trial and not an identification procedure, and did not taint the subsequent in-court identifications, given that defendant had already been identified by them at the time of arrest (People v. Herner, 85 N.Y.2d 877).

Concur — Rosenberger, J. P., Ellerin, Nardelli and Wallach, JJ.