People v. Johnson
New York Court of Appeals
1Opinion of the Court
Order affirmed. Although evidence of prior identification of a defendant from a photograph is improper (see, e.g., People v. Caserta, 19 N Y 2d 18; People v. Trowbridge, 305 N. Y. 471), the admission of such evidence may be stamped as harmless error where the other proof of identification and of guilt is as clear and strong as in this case. (Code Crim: Pro., § 542 [now CPL 470.05, subd. (1)]; see, e.g., People v. Milburn, 19 N Y 2d 910.)
Concur: Chief Judge Ftjld and Judges Burke, Breitel, Jasen, Jones and Wachtlbr. Taking no part: Judge Gabrielli.
2Cases cited1 opinion
- People v. TrowbridgeNew York Court of Appeals · 1953
3Cited by18 opinions
- People v. MobleyNew York Court of Appeals · 1982
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BrewsterAppellate Division of the Supreme Court of the State of New York · 1984
- People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 1993
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