New York Court of Appeals, 1967

People v. Milburn

People v. Milburn
New York Court of Appeals · Decided May 18, 1967
19 N.Y.2d 910; 227 N.E.2d 893; 281 N.Y.S.2d 98; 1967 N.Y. LEXIS 1490

People v. Milburn

Opinion of the Court

Judgment affirmed. While evidence of prior identification is error (People v. Trowbridge, 305 N. Y. 471; People v. Casería, 19 N Y 2d 18) where the other evidence of identification is as strong and clear as in this case, the admission of said evidence maybe deemed harmless error (Code Grim. Pro., § 542).

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Soileppi, Bergan and Keating. Taking no part: Judge Breitel.

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