People v. Wallace
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed as a matter of discretion in the interest of justice and on the law and new trial granted. Memorandum: Evidence that a witness identified defendant from a photo array at the police station is not admissible on the People’s direct case (People v Lindsay, 42 NY2d 9, 12; People v Christman, 23 NY2d 429, 433; People v Caserta, 19 NY2d 18, 21; People v Peoples, 142 AD2d 610; People v Ball, 89 AD2d 353, 354-355). Here, the victim improperly testified that she selected defendant’s photograph from an array and a police officer also testified to the victim’s selection of…
2Cases cited9 opinions
- People v. TrowbridgeNew York Court of Appeals · 1953
- People v. JohnsonNew York Court of Appeals · 1982
- People v. CasertaNew York Court of Appeals · 1966
- People v. LindsayNew York Court of Appeals · 1977
- People v. ChristmanNew York Court of Appeals · 1969
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3Cited by6 opinions
- People v. OfieldAppellate Division of the Supreme Court of the State of New York · 2001
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1995
- People v. OwensAppellate Division of the Supreme Court of the State of New York · 1998
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1999
- People v. LaneRochester City Court · 2014
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