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People v. Milburn

Court of Appeals of the State of New York
May 18, 1967
227 N.E.2d 893 (N.Y. 1967)

Opinion

Argued April 13, 1967

Decided May 18, 1967

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.

Peter F. Nadel and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney ( Arnold Kideckel of counsel), for respondent.


Judgment affirmed. While evidence of prior identification is error ( People v. Trowbridge, 305 N.Y. 471; People v. Caserta, 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 may be deemed harmless error (Code Crim. Pro., § 542).

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Taking no part: Judge BREITEL.


Summaries of

People v. Milburn

Court of Appeals of the State of New York
May 18, 1967
227 N.E.2d 893 (N.Y. 1967)
Case details for

People v. Milburn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS MILBURN…

Court:Court of Appeals of the State of New York

Date published: May 18, 1967

Citations

227 N.E.2d 893 (N.Y. 1967)
227 N.E.2d 893
281 N.Y.S.2d 98

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