New York Court of Appeals October 17, 1985 (People v. Bayron)

OPINION OF THE COURT

Kaye, J.

Third-party testimony recounting a witness’s pretrial identification of defendants, while admissible at trial in situations where the witness cannot on the basis of present recollection identify defendants {see, CPL 60.25), is not rendered admissible by the witness’s refusal at trial to make an identification because of fear.