What is the test for cross-examination of a witness's identification testimony?

California, United States of America


The following excerpt is from People v. Castellano, 145 Cal.Rptr. 264, 79 Cal.App.3d 844 (Cal. App. 1978):

"To the extent that distinctive physical characteristics played a part in an identification, what was said in People v. Lawrence, 4 Cal.3d 273, 278-279 (93 Cal.Rptr. 204, 481 P.2d 212), has application: 'As long as the photographs from which the witness made his identification are preserved and available at trial, counsel for the accused, by using them in cross-examination of prosecution witnesses, can easily reveal the possibility of prejudice and thereby impugn the identification testimony.'

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