Appellate Division of the Supreme Court of New York, 1969

People v. De Loache

People v. De Loache
Appellate Division of the Supreme Court of New York · Decided November 18, 1969
33 A.D.2d 671; 305 N.Y.S.2d 139; 1969 N.Y. App. Div. LEXIS 2834
People v. De Loache

Opinion of the Court

Judgment unanimously affirmed. Although it was error to permit testimony by police officers as to the pretrial identification of the defendant by a third person, the other independent evidence of identification was so convincing and defendant’s guilt so clearly established, the error may be treated as harmless pursuant to section 542 of the Code of Criminal Procedure. (See People v. Aiken, 23 N Y 2d 986.) Concur — Stevens, P. J., Capozzoli, Tilzer, McGivern and Markewich, JJ.

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