People v. De Loache

Appellate Division of the Supreme Court of New York

People v. De Loache

33 A.D.2d 671, 305 N.Y.S.2d 139, 1969 N.Y. App. Div. LEXIS 2834

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

DecidedNovember 18, 1969

StatusPublished

This text of 33 A.D.2d 671 (People v. De Loache) 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. De Loache, 33 A.D.2d 671, 305 N.Y.S.2d 139, 1969 N.Y. App. Div. LEXIS 2834 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment unanimously affirmed. Although it was error to permit testimony by police officers as to the pretrial identification of the defendant by a third person, the other independent evidence of identification was so convincing and defendant’s guilt so clearly established, the error may be treated as harmless pursuant to section 542 of the Code of Criminal Procedure. (See People v. Aiken, 23 N Y 2d 986.) Concur — Stevens, P. J., Capozzoli, Tilzer, McGivern and Markewich, JJ.

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Judgment unanimously affirmed. Although it was error to permit testimony by police officers as to the pretrial identification of the defendant by a third person, the other independent evidence of identification was so convincing and defendant’s guilt so clearly established, the error may be treated as harmless pursuant to section 542 of the Code of Criminal Procedure. (See People v. Aiken, 23 N Y 2d 986.) Concur — Stevens, P. J., Capozzoli, Tilzer, McGivern and Markewich, JJ.

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Bluebook (online)

33 A.D.2d 671, 305 N.Y.S.2d 139, 1969 N.Y. App. Div. LEXIS 2834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-loache-nyappdiv-1969.