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People v. Johnson

32 N.Y.2d 814 Court N.Y. Decision date 1973-05-04 English

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p. 814
The People of the State of New York, Respondent, v. William Johnson, Appellant.
Argued April 24,1973;
decided May 4, 1973.
p. 816
Nicholas P. Varlan, Public Defender (Edward J. Massare of counsel), for appellant.
Jack B. Lazarus, District Attorney (Edward J. Spires of counsel), for respondent.

Order affirmed. Although evidence of prior identification of a defendant from a photograph is improper (see, e.g., People v. Caserta, 19 N Y 2d 18 ; People v. Trowbridge, 305 N. Y. 471 ), the admission of such evidence may be stamped as harmless error where the other proof of identification and of guilt is as clear and strong as in this case. (Code Crim: Pro., § 542 [now CPL 470.05, subd. (1)]; see, e.g., People v. Milburn, 19 N Y 2d 910 .)

Concur: Chief Judge Ftjld and Judges Burke, Breitel, Jasen, Jones and Wachtlbr. Taking no part: Judge Gabrielli.

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