People v. Bayron

OPINION OF THE COURT

Kaye, J.

Third-party testimony recounting a witness’s pretrial identification of defendants, while admissible at trial in situations where the witness cannot on the basis of present recollection identify defendants {see, CPL 60.25), is not rendered admissible by the witness’s refusal at trial to make an identification because of fear. The Appellate Division orders affirming defendants’ robbery convictions, which were founded on the inadmissible testimony of third parties, should therefore be reversed and a new trial ordered.

After visiting a sick friend in The Bronx late in…