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PEOPLE v. KINARD
Appellate Division of the Supreme Court of New York, Second Department.
May 26, 1987
Ordered that the judgment is affirmed.
The complainant, a correction officer, had ample opportunity to observe the defendant in the well-lit stairwell during the robbery. The victim's ability to identify the defendant in court was based on his independent recollection of the initial encounter with the defendant and was not influenced by the pretrial identifications which were suppressed as products of the defendant's unlawful arrest (see, United States v. Crews, 445 U.S. 463; People v. Pleasant, 54 N.Y.2d 972, cert denied 455 U.S. 924; People v. Stevens, 109 A.D.2d 856). Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.
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