New York Court of Appeals, 1973

People v. Johnson

People v. Johnson
New York Court of Appeals · Decided May 4, 1973
32 N.Y.2d 814; 345 N.Y.S.2d 1011; 299 N.E.2d 256; 1973 N.Y. LEXIS 1277

People v. Johnson

Opinion of the Court

Order affirmed. Although evidence of prior identification of a defendant from a photograph is improper (see, e.g., People v. Caserta, 19 N Y 2d 18; People v. Trowbridge, 305 N. Y. 471), the admission of such evidence may be stamped as harmless error where the other proof of identification and of guilt is as clear and strong as in this case. (Code Crim: Pro., § 542 [now CPL 470.05, subd. (1)]; see, e.g., People v. Milburn, 19 N Y 2d 910.)

Concur: Chief Judge Ftjld and Judges Burke, Breitel, Jasen, Jones and Wachtlbr. Taking no part: Judge Gabrielli.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.