Legal Opinion

People v. Milburn

New York Court of Appeals

Decided May 18, 1967PublishedCited by 7 opinions

1Opinion of the Court

Judgment affirmed. While evidence of prior identification is error (People v. Trowbridge, 305 N. Y. 471; People v. Casería, 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 maybe deemed harmless error (Code Grim. Pro., § 542).

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Soileppi, Bergan and Keating. Taking no part: Judge Breitel.

2Cases cited1 opinion

  1. People v. TrowbridgeNew York Court of Appeals · 1953

3Cited by7 opinions

  1. People v. GrierNew York Court of Appeals · 1975
  2. People v. MobleyNew York Court of Appeals · 1982
  3. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. HuntAppellate Division of the Supreme Court of the State of New York · 1976

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