People v. Massey

New York Court of Appeals

People v. Massey

316 N.E.2d 714, 34 N.Y.2d 877, 359 N.Y.S.2d 278, 1974 N.Y. LEXIS 1474

CourtNew York Court of Appeals

DecidedJune 26, 1974

StatusPublished

Cited by1 cases

This text of 316 N.E.2d 714 (People v. Massey) 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. Massey, 316 N.E.2d 714, 34 N.Y.2d 877, 359 N.Y.S.2d 278, 1974 N.Y. LEXIS 1474 (N.Y. 1974).

Pincite

Opinion

Memorandum. One aspect of the critical identification issue on the trial of this case was whether defendant had a moustache on September 22, 1971, the date of the robbery. Prosecution witnesses testified that he did not; defense witnesses testified that he did. In rebuttal the prosecution offered two photographs taken at the lineup on October 1, 1971 in which defendant appeared clean-shaven. These photographs were received in evidence over defendant’s objection that the representations of defendant in the lineup would inflame the jury and that no proper foundation had been laid, both of which grounds were without merit and have now been abandoned. No objection was made on the ground of remoteness or irrelevance as to defendant’s appearance at the time of the robbery, the only ground now urged, and orál testimony that defendant was clean-shaven. [879]*879. at the time of the lineup was received at defendant’s suggestion and without objection. In these circumstances, even if perchance the photographs were irrelevant as appellant purports to argue, we conclude that the admission of the photographs was not reversible error.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur.

Order affirmed in a memorandum.

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Memorandum. One aspect of the critical identification issue on the trial of this case was whether defendant had a moustache on September 22, 1971, the date of the robbery. Prosecution witnesses testified that he did not; defense witnesses testified that he did. In rebuttal the prosecution offered two photographs taken at the lineup on October 1, 1971 in which defendant appeared clean-shaven. These photographs were received in evidence over defendant’s objection that the representations of defendant in the lineup would inflame the jury and that no proper foundation had been laid, both of which grounds were without merit and have now been abandoned. No objection was made on the ground of remoteness or irrelevance as to defendant’s appearance at the time of the robbery, the only ground now urged, and orál testimony that defendant was clean-shaven. [879]*879. at the time of the lineup was received at defendant’s suggestion and without objection. In these circumstances, even if perchance the photographs were irrelevant as appellant purports to argue, we conclude that the admission of the photographs was not reversible error.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur.

Order affirmed in a memorandum.

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Bluebook (online)

316 N.E.2d 714, 34 N.Y.2d 877, 359 N.Y.S.2d 278, 1974 N.Y. LEXIS 1474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-massey-ny-1974.

Opinion

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