People v. Brown

Memorandum. The order of the Appellate Division should be affirmed on the record before us.

Proof of the commission by defendant of the crime charged here depended almost solely on the testimony of Patrolman Filler. Where another police officer, Officer Rothstein, had acted jointly with Patrolman Filler and, presumably, was an eyewitness to the transaction and was readily available to the, prosecution, better practice would have been to have put him on the stand as well. In circumstances such as these, testimony of the second officer would not necessarily be cumulative only or trivial.

Additiona…