People v. Griffin

Memorandum.

The judgment should be reversed and a new trial ordered.

Upon the People’s direct case, the trial court allowed proof by the identifying witness, over objection, that four days after the robbery she had co-operated with the police artist in producing a composite sketch, a copy of which was admitted into evidence. Without more this constituted reversible error. The rule is settled in this State that a witness may not testify to an extrajudicial identification of a photograph of the defendant (People v. Baker, 23 N Y 2d 307, 323; People v. Christman, 23 NY 2d 429, 433; People v.…