People v. Wright

Judgments reversed and a new trial ordered in the following memorandum: It was error, as the Appellate Division decision states, to allow proof by the victim of selection by him of two photographs from a number of photographs from police files (People v. Cioffi, 1 N Y 2d 70) and proof by a detective that complainant had made these selections (People v. Caserta, 19 N Y 2d 18; People v. Trowbridge, 305 N. Y. 471) and to utilize this proof in summation. There was a resulting inference the photographs in police files were those of defendants. In the context of this record reception of the proof…