Opinion
May 20, 1971
Appeal from the Monroe County Court.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Henry, JJ.
Judgment unanimously affirmed. Memorandum: After a Wade hearing, the court found that the pretrial identification procedures wherein the victim identified defendant were unfair and further that the People failed to establish that the in-court identification had an independent basis. Consequently, it was error to have permitted the victim to make an in-court identification of defendant at the trial. ( People v. Ballott, 20 N.Y.2d 600, 607.) Admission of such in-court identification is reversible error unless it is harmless beyond a reasonable doubt. ( Gilbert v. California, 388 U.S. 263, 272; Chapman v. California, 386 U.S. 18.) We find that the error was harmless beyond a reasonable doubt. Defendant confessed to the crime giving details which only the perpetrator would know. He was also identified by an independent witness. Under these circumstances, the victim's in-court identification does not warrant a reversal of the conviction. ( People v. Gonzalez, 27 N.Y.2d 53.)