People v. Papineau

Appellate Division of the Supreme Court of New York

People v. Papineau

31 A.D.2d 781, 297 N.Y.S.2d 65, 1969 N.Y. App. Div. LEXIS 4764

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

DecidedJanuary 16, 1969

StatusPublished

This text of 31 A.D.2d 781 (People v. Papineau) 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. Papineau, 31 A.D.2d 781, 297 N.Y.S.2d 65, 1969 N.Y. App. Div. LEXIS 4764 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant appeals from -a judgment convicting her of attempted robbery, first degree, and assault, second degree. Upon the trial a police officer testified, without objection, to a prior identification of the defendant made by the victim and an eyewitness. We agree that this was error. (People v. Trowbridge, 305 N. Y. 471; People v. Caserta, 19 N Y 2d 18.) No objection having been made to this proof, however, the question was not preserved for review. (People v. Ross, 21 N Y 2d 258.) We may of course reverse in the interest of justice (People v. Kelly, 12 N Y 2d 248) but we decline to exercise that power on the present record. (Cf. People v. Phillips, 27 A D 2d 981.) We have considered defendant’s other contentions and find them without merit. (Appeal from judgment of Onondaga County Court convicting defendant of attempted robbery, first degree and assault, second degree.) Present — Bastow, P. J., Del Veechio, Marsh, Witmer and Henry, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant appeals from -a judgment convicting her of attempted robbery, first degree, and assault, second degree. Upon the trial a police officer testified, without objection, to a prior identification of the defendant made by the victim and an eyewitness. We agree that this was error. (People v. Trowbridge, 305 N. Y. 471; People v. Caserta, 19 N Y 2d 18.) No objection having been made to this proof, however, the question was not preserved for review. (People v. Ross, 21 N Y 2d 258.) We may of course reverse in the interest of justice (People v. Kelly, 12 N Y 2d 248) but we decline to exercise that power on the present record. (Cf. People v. Phillips, 27 A D 2d 981.) We have considered defendant’s other contentions and find them without merit. (Appeal from judgment of Onondaga County Court convicting defendant of attempted robbery, first degree and assault, second degree.) Present — Bastow, P. J., Del Veechio, Marsh, Witmer and Henry, JJ.

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Bluebook (online)

31 A.D.2d 781, 297 N.Y.S.2d 65, 1969 N.Y. App. Div. LEXIS 4764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-papineau-nyappdiv-1969.

Opinion

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