Legal Opinion
People v. Hines
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1985PublishedCited by 8 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brown, J.), rendered May 15, 1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Judgment reversed, on the law, and new trial ordered. The facts have been considered and determined to be established.
A witness may not testify on the People’s direct case regarding a photographic identification of the defendant; to do so constitutes improper bolstering (see, e.g., People v Caserta, 19 NY2d 18, 20-21; People v Malloy, 22 NY2d 559, 567; People v Osgood, 89 AD2d 76, 82-83).…
2Cases cited5 opinions
- People v. CasertaNew York Court of Appeals · 1966
- People v. MalloyNew York Court of Appeals · 1968
- People v. OsgoodAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RossAppellate Division of the Supreme Court of the State of New York · 1980
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by8 opinions
- Wilson v. MazzucaCourt of Appeals for the Second Circuit · 2009
- Quinn v. StateCourt of Appeals of Georgia · 1993
- People v. BonnetAppellate Division of the Supreme Court of the State of New York · 1987
- People v. BirminghamAppellate Division of the Supreme Court of the State of New York · 1990
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1995
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