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Robbery Victim testifies at Defendant's federal trial but says she is now uncertain whether Defendant was the robber. The prosecution offers evidence that, two days after the robbery, Victim picked Defendant out of a lineup and said, "That is the person who robbed me." Victim is available for cross-examination about the lineup.
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The lineup identification is admissible only if the defendant was present with counsel at the lineup. The lineup identification is not hearsay if the witness testifies and is subject to cross-examination about the identification and the statement identifies a person after perceiving that person. The lineup identification is hearsay because it was made outside court and is offered for its truth. The lineup identification is inadmissible unless it qualifies as a present sense impression.

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