People v. Watts
This text of 115 A.D.2d 248 (People v. Watts) 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.
Opinion
Judgment unanimously affirmed. [249]*249Memorandum: By eliciting evidence concerning the photographic array and creating an inference that the array led to a mistaken identification of defendant, defense counsel opened the door to the prosecution’s evidence explaining the circumstances of the viewing (see, People v McCullars, 89 AD2d 669; see also, People v Bolden, 58 NY2d 741; People v Patterson, 88 AD2d 694, affd 59 NY2d 794).
We have examined defendant’s other contentions and we find them without merit. (Appeal from judgment of Supreme Court, Erie County, Flynn, J.—robbery, second degree, and sexual abuse, first degree.) Present—Callahan, J. P., Denman, Boomer, Green and Pine, JJ.
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Cite This Page — Counsel Stack
115 A.D.2d 248, 496 N.Y.S.2d 723, 1985 N.Y. App. Div. LEXIS 54499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-watts-nyappdiv-1985.