example, when the witness's identification was already positive.'" (quoting Jarrett v. Headley, 802 F.2d 34, 41-42 (2d Cir. 1986))); see also, e.g., Franco v. Lee, No. 12 Civ. 1210 (SJF), 2013 WL 704655, at *10 (E.D.N.Y. Feb. 26, 2013) ("In cases in which the defendant's identity is not in issue, or those in