People v. Collins

Appellate Division of the Supreme Court of New York

People v. Collins

39 A.D.2d 555, 332 N.Y.S.2d 381, 1972 N.Y. App. Div. LEXIS 4995

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1972

StatusPublished

This text of 39 A.D.2d 555 (People v. Collins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Collins, 39 A.D.2d 555, 332 N.Y.S.2d 381, 1972 N.Y. App. Div. LEXIS 4995 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 21, 1970, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Munder, Acting P. J., Latham and Gulotta, JJ., concur; Shapiro and Brennan, JJ., dissent and vote to reverse the judgment and order a new trial, with the following memorandum: In our opinion the receipt of testimony from a police officer upon his direct examination as to a description given to him of the assailant shortly after the commission of the crime was prejudicial error necessitating a new trial. In view of all the circumstances, the identification of defendant was not so “ altogether satisfactory ” as to permit us to view the error as harmless (cf. People v. Deitsch, 237 N. Y. 300, 304).

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 21, 1970, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Munder, Acting P. J., Latham and Gulotta, JJ., concur; Shapiro and Brennan, JJ., dissent and vote to reverse the judgment and order a new trial, with the following memorandum: In our opinion the receipt of testimony from a police officer upon his direct examination as to a description given to him of the assailant shortly after the commission of the crime was prejudicial error necessitating a new trial. In view of all the circumstances, the identification of defendant was not so “ altogether satisfactory ” as to permit us to view the error as harmless (cf. People v. Deitsch, 237 N. Y. 300, 304).

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Bluebook (online)

39 A.D.2d 555, 332 N.Y.S.2d 381, 1972 N.Y. App. Div. LEXIS 4995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collins-nyappdiv-1972.

Opinion

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