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People v. Milburn

19 N.Y.2d 910 Court N.Y. Decision date 1967-05-18 English

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p. 910
The People of the State of New York, Respondent, v. Louis Milburn, Appellant.
Argued April 13, 1967;
decided May 18, 1967.
p. 911
Peter F. Nadel and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney (Arnold Kideckel of counsel), for respondent.

Judgment affirmed. While evidence of prior identification is error (People v. Trowbridge, 305 N. Y. 471 ; People v. Casería, 19 N Y 2d 18 ) where the other evidence of identification is as strong and clear as in this case, the admission of said evidence maybe deemed harmless error (Code Grim. Pro., § 542).

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Soileppi, Bergan and Keating. Taking no part: Judge Breitel.

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