People v. Johnson

New York Court of Appeals
People v. Johnson, 32 N.Y.2d 814 (N.Y. 1973)
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.

Reference

Full Case Name
The People of the State of New York v. William Johnson
Cited By
18 cases
Status
Published