AD1 order dated January 28, 2014, affirming judgment of conviction. Decision below: 113 AD3d 553, 980 NYS2d 11. Rivera, J., granted leave April 2, 2014.

ISSUE PRESENTED: Whether in this single-witness identification case, the trial court’s refusal to issue any limiting instruction with respect to highly prejudicial out-of-court testimony that the decedent had been involved in a dispute with Mr. Garcia at the time of the shooting, despite repeated requests by both the prosecution and defense that such an instruction be given, denied Mr. Garcia his due process right to a fair trial. (Assigned counsel: Amanda Rolat & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)