People v. Popolo

Judgment of the Supreme Court, Queens County, rendered June 12, 1967 on resentence (the original sentence was rendered April 21, 1967), reversed, on the law, and new trial ordered. Ho questions of fact were considered. In this case, the identity of the perpetrator of the crime was in issue. On the trial a police officer was twice permitted to testify, over objection, to a previous identification of defendant by the People’s witness who identified defendant upon the trial. In addition, reference to such testimony by the officer was made by the prosecutor in summation and by the trial court in…