People v. Gray — 27 N.Y.2d 850

Majority

p. 850

The People of the State of New York, Respondent, v. Furman Gray, Appellant.

Argued October 14, 1970;

decided November 12, 1970.

p. 851

Harvey L. Greenberg for appellant.

Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.

Judgment affirmed. Although the prosecutor overextended himself in establishing the identity of defendant as the same Furman Gray who had been previously convicted of a robbery, in the face of defendant’s denials, any error, if error there was, was not prejudicial (see Code Crim. Pro., § 542).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.