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People v. Johnson

Court of Appeals of the State of New York
May 4, 1973
299 N.E.2d 256 (N.Y. 1973)

Opinion

Argued April 24, 1973

Decided May 4, 1973

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EDWARD O. PROVENZANO, J.

Nicholas P. Varlan, Public Defender ( Edward J. Massare of counsel), for appellant.

Jack B. Lazarus, District Attorney ( Edward J. Spires of counsel), for respondent.


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 FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER. Taking no part: Judge GABRIELLI.


Summaries of

People v. Johnson

Court of Appeals of the State of New York
May 4, 1973
299 N.E.2d 256 (N.Y. 1973)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM JOHNSON…

Court:Court of Appeals of the State of New York

Date published: May 4, 1973

Citations

299 N.E.2d 256 (N.Y. 1973)
299 N.E.2d 256
345 N.Y.S.2d 1011

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