People v. Watson

Appellate Division of the Supreme Court of New York

People v. Watson

65 A.D.2d 777, 410 N.Y.S.2d 9, 1978 N.Y. App. Div. LEXIS 13625

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

DecidedNovember 13, 1978

StatusPublished

This text of 65 A.D.2d 777 (People v. Watson) 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. Watson, 65 A.D.2d 777, 410 N.Y.S.2d 9, 1978 N.Y. App. Div. LEXIS 13625 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered April 26, 1977, convicting him of criminal sale of a controlled substance in the third degree (three counts), criminal possession of a controlled substance in the third degree (three counts), and criminal possession of a controlled substance in the seventh degree, upon a [778]*778jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court should have permitted the defense to cross-examine the police witnesses concerning their photographic identification of the defendant (see People v Balsano, 51 AD2d 130). Since the whole thrust of the defendant’s case was misidentification, the prohibiting of any effective questioning in this area deprived the defendant of a fair trial. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered April 26, 1977, convicting him of criminal sale of a controlled substance in the third degree (three counts), criminal possession of a controlled substance in the third degree (three counts), and criminal possession of a controlled substance in the seventh degree, upon a [778]*778jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court should have permitted the defense to cross-examine the police witnesses concerning their photographic identification of the defendant (see People v Balsano, 51 AD2d 130). Since the whole thrust of the defendant’s case was misidentification, the prohibiting of any effective questioning in this area deprived the defendant of a fair trial. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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Bluebook (online)

65 A.D.2d 777, 410 N.Y.S.2d 9, 1978 N.Y. App. Div. LEXIS 13625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-watson-nyappdiv-1978.

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