New York Court of Appeals, 1966

People v. Ordner

People v. Ordner
New York Court of Appeals · Decided June 9, 1966
17 N.Y.2d 898; 218 N.E.2d 703; 271 N.Y.S.2d 995; 1966 N.Y. LEXIS 1298

People v. Ordner

Opinion of the Court

Judgment reversed and a new trial ordered upon the ground that there is insufficient proof of the underlying felony. On the new trial there should not be a repetition of the error committed when the arresting officer was allowed to testify that before the arrest he had been shown in the police station a photograph of defendant.

Concur: Chief Judge Desmond and Judges Fuld, Van Voobhis, Beegan and Keating. Judges Bubke and Scileppi dissent and vote to affirm.

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