PEOPLE v. DONOHUE


12 A.D.2d 943 (1961)

The People of the State of New York, Respondent, v. John T. Donohue, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1961


Judgment reversed on the law and the facts and a new trial ordered.

On the evidence adduced a close question of fact was presented as to the identity of the person who had committed the crime. In support of the complainants' evidence the arresting officer was permitted to testify that at the time of the arrest both complainants had identified the defendant. The admission of such testimony by the officer was error. In our opinion, under the circumstances here disclosed...

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