Legal Opinion

People v. Malkin

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

Decided December 17, 1926No. Appeal No. 2PublishedCited by 2 opinions

1Per curiam

The admission of the testimony as to previous identifications of the defendants Malkin and Franklin was error. (People v. Jung Hing, 212 N. Y. 393; People v. Seppi, 221 id. 62; People v. Ragazinsky, 195 App. Div. 743; People v. Russell, 197 id. 239; People v. Barbuti, 207 id. 285; People v. Conti, 215 id. 270; People v. Domenico, 204 id. 754; People v. Keller, 186 id. 534.) In People v. Ragazinsky (supra) former Justice Blackmar, speaking for this court, said: “ The testimony erroneously admitted would tend strongly to induce in the minds of the jurors an acceptance of complainant’s…

2Cases cited6 opinions

  1. People v. . McQuadeNew York Court of Appeals · 1888
  2. People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
  3. People v. . Jung HingNew York Court of Appeals · 1914
  4. People v. StetzAppellate Division of the Supreme Court of the State of New York · 1923
  5. People v. RagazinskyAppellate Division of the Supreme Court of the State of New York · 1921

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3Cited by2 opinions

  1. Oma Roy Eidson v. United StatesCourt of Appeals for the Tenth Circuit · 1959
  2. People v. HagedornyAppellate Division of the Supreme Court of the State of New York · 1947

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