People v. Seegars

Kassal and Smith, JJ.,

dissent in a memorandum by Smith, J., as follows: Because I believe the defendant was convicted by overwhelming evidence following a trial which was fair, I dissent. First, in the context of this case, the showup identification procedure at the hospital was neither an error nor unfair. Even if it was error, the error was harmless beyond a reasonable doubt. (People v Crimmins, 36 NY2d 230 [1975].) Second, the charge as a whole was entirely fair.

Briefly stated, the evidence was as follows. On April 3, 1984 the complainant, a 69-year old woman, was grabbed around her neck,…