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Legal Opinion

People v. Johnson

New York Court of Appeals

Decided June 9, 1992PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant and a codefendant were convicted after a jury trial of two counts of murder in the second degree and additional, related criminal counts.

We agree with the Appellate Division that the eyewitness’s testimony regarding the lineup identification of defendant should have been suppressed and, therefore, was erroneously received in evidence at trial. However, we conclude, as did the dissenting Justice below, that the error in this case cannot be deemed harmless (People v Johnson,…

2Cases cited3 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. HarrisNew York Court of Appeals · 1992
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by13 opinions

  1. People v. RodriguezNew York Court of Appeals · 2000
  2. People v. HarrisNew York Court of Appeals · 1992
  3. State v. MartinezNew Mexico Supreme Court · 2020
  4. People v. RufinAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. KingAppellate Division of the Supreme Court of the State of New York · 1999

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