People v. Hagedorny

Defendant appeals from a judgment of the County Court, Kings County, convicting him of the crime of robbery in the first degree. Judgment reversed on the law, and a new trial ordered. The findings of fact implicit in the verdict of the jury are affirmed. In our opinion, the court below erroneously received in evidence, during the People’s case, a photograph of the defendant, in connection with the testimony of a witness that shortly after the alleged robbery he had described to the police the appearance of the robbers and had identified the photograph as that of one of the men who had…