People v. Oliver

Appellate Division of the Supreme Court of New York

People v. Oliver

41 A.D.2d 563, 340 N.Y.S.2d 597, 1973 N.Y. App. Div. LEXIS 5274

Procedural entryThis page is a short order in People v. Oliver. Read the opinion of the Court — 34 A.D.2d 775 →

Appellate Division of the Supreme Court of the State of New York·Decided January 22, 1973·Published

Opinion

Judgment of the County Court, Westchester County, rendered November 22, 1971, and order of the same court, dated September 24, 1971, affirmed. In the light of the overwhelming eyewitness evidence which established the presence of defendant at the scene of the crime, and his participation in the robbery, the refusal to hold a Wade hearing on the pretrial photographic identification was harmless error (GPL 470.05, subd. 1). Munder, Acting P. J., Martuscello, Gulotta, Brennan and Benjamin, JJ., concur.

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Judgment of the County Court, Westchester County, rendered November 22, 1971, and order of the same court, dated September 24, 1971, affirmed. In the light of the overwhelming eyewitness evidence which established the presence of defendant at the scene of the crime, and his participation in the robbery, the refusal to hold a Wade hearing on the pretrial photographic identification was harmless error (GPL 470.05, subd. 1). Munder, Acting P. J., Martuscello, Gulotta, Brennan and Benjamin, JJ., concur.

People v. Oliver, 41 A.D.2d 563, 340 N.Y.S.2d 597, 1973 N.Y. App. Div. LEXIS 5274 (N.Y. Ct. App. 1973).

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