People v. Martin

Judgment, Supreme Court, New York County, rendered June 6, 1969, convicting defendant of robbery, after trial to a jury, unanimously affirmed. Heretofore (35 A D 2d 786), we remanded to Supreme Court to reopen and continue the pretrial hearing in respect of identification of defendant-appellant by Welch (Welsh), victim of the robbery. The purpose of remand was to ascertain whether Welsh’s observation and recognition of appellant, while the latter was being interrogated by police, was tainted with suggestion. It having been established that Welsh could not “with due diligence be found in the…