People v. Gines
Opinion of the Court
Judgment, Supreme Court, Bronx County, rendered on February 23, 1972, affirmed. Concur — Markewich, J. P., Lane, Steuer and Tilzer, JJ.; Murphy, J., dissents in the following memorandum: Defendant was indicted for and convicted of the crimes of attempted robbery, attempted grand larceny and possession of a weapon. The female complainant testified that she first noticed defendant in the lobby of her building. Shortly thereafter defendant confronted her on the fourth floor, wielding a knife, and attempted to rob her. When the complainant responded that she had no money defendant allegedly “ grabbed ” her and “ dragged ” her to the roof. Defendant thereupon rummaged through her purse and bookbag, but found no currency. The complainant had ample opportunity to observe defendant during this period to give the police officers a description of her assailant and to make a positive identification of the defendant. Nevertheless, she was permitted to testify, over objection, to the commission of an uncharged rape. Since defendant claimed he was the victim of a mistaken identification, and presented alibi witnesses, an issue was clearly raised as to identification. At first blush, then, it would appear that an exception to the general rule in this State prohibiting
Case-law data current through December 31, 2025. Source: CourtListener bulk data.