People v. Washington

Titone, J. P.,

dissents and votes to reverse the judgment appealed from and to order a new trial with the following memorandum. At trial, defendant raised a defense of mistaken identification and sought to introduce evidence that another man, one David Grier, had confessed to the crime with which he was charged. The court, however, refused to allow Grier’s confession to be admitted through the police officer to whom it was made or to allow Grier to be displayed to the jury for the purpose of allowing it to compare his physical appearance with that of defendant. That determination cut the heart…