Legal Opinion

People v. Johnson

New York Court of Appeals

Decided May 4, 1973PublishedCited by 18 opinions

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

  1. People v. TrowbridgeNew York Court of Appeals · 1953

3Cited by18 opinions

  1. People v. MobleyNew York Court of Appeals · 1982
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1978
  3. People v. BrewsterAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. BoydAppellate Division of the Supreme Court of the State of New York · 1993

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