Can a lay witness give evidence that identifies a defendant in surveillance footage?

California, United States of America


The following excerpt is from People v. Link, A147632 (Cal. App. 2017):

We begin with an overview of the applicable evidentiary rules. "A lay witness may offer opinion testimony if it is rationally based on the witness's perception and helpful to a clear understanding of the witness's testimony. (Evid. Code, 800.) '[T]he identity of a person is a proper subject of nonexpert opinion.' " (People v. Leon (2015) 61 Cal.4th 569, 601 (Leon).) Courts "have long upheld admission of testimony identifying defendants in surveillance footage," including such testimony from police

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