Legal Opinion

People v. Barber

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

Decided March 12, 1992Published

1Opinion of the Court

— Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J., at pretrial hearing; William T. Martin, J., at trial), entered March 16, 1989, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of imprisonment of 25 years to life, unanimously affirmed.

Defendant contends that it was reversible error for one of the witnesses to identify him in court, four years after the murder, when no pretrial identification procedure had been conducted. While other relief might have been available to defendant at trial, within the court’s discretion, such as *512…

2Cases cited3 opinions

  1. People v. MaliziaNew York Court of Appeals · 1984
  2. People v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1990

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