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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH DANIELS, Appellant.

Ordered that the judgment is affirmed.

Under the circumstances of this case the hearing court correctly found that the identifying witness had an independent source for his identification. The witness viewed the defendant from a distance of inches, under very good lighting conditions, for two or three minutes during the robbery which took place inside a subway token booth (see, People v. Smalls, 112 A.D.2d 173). We have considered the defendant's other contention and find it to be without merit. Niehoff, J.P., Lawrence, Weinstein and Sullivan, JJ., concur.

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PEOPLE v. DANIELS
(Mar 9, 1987)