Appellate Division of the Supreme Court of the State of New York September 29, 1995 (People v. Heath)

Judgment unanimously affirmed. Memorandum: At a Wade hearing prior to defendant’s first trial, a prosecution witness testified that she was shown photographs but failed to identify defendant from those photographs. Defendant’s conviction was reversed (People v Heath, 175 AD2d 562). At the retrial, on cross-examination, that witness testified that she had identified defendant from photographs.