New York Court of Appeals, 1973

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

Cases that cite this one

18 later published cases cite this decision.

People v. Boyd (Appellate Division of the Supreme Court of New York 1993)
People v. Alvarez (Appellate Division of the Supreme Court of New York 2008)
People v. Farfam (Appellate Division of the Supreme Court of New York 2006)
People v. Jones (Appellate Division of the Supreme Court of New York 2002)
People v. Straker (Appellate Division of the Supreme Court of New York 1998)
People v. Cruz (Appellate Division of the Supreme Court of New York 1998)
People v. Irby (Appellate Division of the Supreme Court of New York 1990)
People v. Covington (Appellate Division of the Supreme Court of New York 1989)
People v. Reeves (Appellate Division of the Supreme Court of New York 1989)
People v. Ayala (Appellate Division of the Supreme Court of New York 1988)
People v. Reyes (Appellate Division of the Supreme Court of New York 1986)
People v. Grimes (Appellate Division of the Supreme Court of New York 1985)
People v. Brewster (Appellate Division of the Supreme Court of New York 1984)
People v. Mobley (N.Y. 1982)
People v. Cruz (Appellate Division of the Supreme Court of New York 1982)
People v. Osgood (Appellate Division of the Supreme Court of New York 1982)
People v. Brown (Appellate Division of the Supreme Court of New York 1978)
People v. Weatherspoon (Appellate Division of the Supreme Court of New York 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.