People v. Giamario

Appeal by defendants from judgments of the County Court, Westchester County, rendered April 2, 1962 after a jury trial, convicting them of robbery in the first degree (two counts), grand larceny in the first degree (two counts) and assault in the second degree, and imposing sentence. Judgments reversed on the law and a new trial granted as to 'both defendants. The findings of fact are affirmed. In our opinion, error was committed in the receipt of testimony by two witnesses that, prior to the trial, they had identified photographs of one or both of the defendants as perpetrators of the crimes…