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IN THE MATTER OF ANTHONY W. (ANONYMOUS), appellant.

ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly declined to suppress the complainant's in-court identification. The testimony adduced at the independent source hearing established that during the commission of the crime, the complainant had multiple opportunities to observe the appellant at close range, during daylight hours, for a period of five to ten minutes. Under these circumstances, the Presentment Agency met its burden of demonstrating by clear and convincing evidence that the in-court identification of the appellant was based on the complainant's independent observation, and not the showup identification (see, People v. Adams, 53 N.Y.2d 241, 251; Matter of Vernal J., 266 A.D.2d 215; People v. Paul, 222 A.D.2d 706). The appellant's remaining contentions are without merit.

SANTUCCI, J.P., KRAUSMAN, McGINITY and FEUERSTEIN, JJ., concur.

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MATTER OF ANTHONY W
(Jun 18, 2001)