Legal Opinion

People v. Tisdale

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1985PublishedCited by 5 opinions

1Opinion of the Court

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered April 12, 1984, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

At trial, the victim of the crime, when asked whether he had seen defendant prior to identifying him at a lineup, stated that he had seen defendant "in a picture”. This testimony was error because it could have caused the jury to infer that the victim had previously identified defendant in a photograph and that defendant, who did not testify at trial, had a…

2Cases cited2 opinions

  1. People v. CasertaNew York Court of Appeals · 1966
  2. People v. MobleyNew York Court of Appeals · 1982

3Cited by5 opinions

  1. People v. AndreAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. KellyAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1988

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