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People v. Johnson

299 N.E.2d 256, 32 N.Y.2d 814, 345 N.Y.S.2d 1011, 1973 N.Y. LEXIS 1277
CourtNew York Court of Appeals
DecidedMay 4, 1973
StatusPublished
Cited by18 cases

This text of 299 N.E.2d 256 (People v. Johnson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Johnson, 299 N.E.2d 256, 32 N.Y.2d 814, 345 N.Y.S.2d 1011, 1973 N.Y. LEXIS 1277 (N.Y. 1973).

Opinion

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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Bluebook (online)
299 N.E.2d 256, 32 N.Y.2d 814, 345 N.Y.S.2d 1011, 1973 N.Y. LEXIS 1277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-ny-1973.