People v. Zanfordino

Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered June 22, 1979, convicting him of robbery in the first degree and assault in the second degree, upon a *559jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The complaining witness testified on direct examination that she had been shown a photographic array by a police officer and had failed to select any of the photographs contained therein. We have previously held that such hearsay testimony both improperly bolsters the…