Appellate Division of the Supreme Court of New York, 1973

People v. Caesar

People v. Caesar
Appellate Division of the Supreme Court of New York · Decided October 26, 1973
42 A.D.2d 1040; 348 N.Y.S.2d 805; 1973 N.Y. App. Div. LEXIS 3302
People v. Caesar

Opinion of the Court

Judgment unanimously affirmed. Memorandum: The testimony of the police officers indicating that the complaining witness identified defendant was improper (People v. Malloy, 22 N Y 2d 559; People v. Cioffi, 1 N Y 2d 70). However, the other evidence of identification was so strong that the error is not ground for reversal (People v. Caserta, 19 N Y 2d 18). (Appeal from judgment of Erie County Court convicting defendant of attempted robbery, third degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Moule and Henry, JJ.

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