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People v. Robbins

346 N.E.2d 815, 38 N.Y.2d 913, 382 N.Y.S.2d 977, 1976 N.Y. LEXIS 2354
CourtNew York Court of Appeals
DecidedFebruary 24, 1976
StatusPublished
Cited by10 cases

This text of 346 N.E.2d 815 (People v. Robbins) 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. Robbins, 346 N.E.2d 815, 38 N.Y.2d 913, 382 N.Y.S.2d 977, 1976 N.Y. LEXIS 2354 (N.Y. 1976).

Opinions

Memorandum. The order of the Appellate Division should be reversed and a new trial ordered.

In face of the offer of defense counsel to stipulate that the photographs identified by the victim before trial had indeed been photographs of defendant, it was error to admit the police mug shots in question notwithstanding that some effort had been made by pasteovers to modify their appearance. Prejudice to defendant’s constitutional rights was inescapable (cf. United States v Harrington, 490 F2d 487).

We cannot agree on this record that such error was harmless under any of the tests for such error (People v Crimmins, 36 NY2d 230, 237-243) where the victim was the sole witness for the People and the reliance of the defense was on alibi testimony.

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Cite This Page — Counsel Stack

Bluebook (online)
346 N.E.2d 815, 38 N.Y.2d 913, 382 N.Y.S.2d 977, 1976 N.Y. LEXIS 2354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robbins-ny-1976.