What is the test for identification evidence in the context of a motion where identification evidence is denied?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bess, 104 F.3d 352 (2nd Cir. 1996):
In reviewing the district court's determination as to the admissibility of identification evidence, we adhere to a clearly erroneous standard. See United States v. Mohammed, 27 F.3d 815, 821 (2d Cir.), cert. denied, 115 S.Ct. 451 (1994); United States v. Jakobetz, 955 F.2d 786, 803 (2d Cir.) cert. denied, 506 U.S. 834 (1992). In this case, there was no clear error.
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