PEOPLE v. LORD


20 A.D.2d 579 (1963)

The People of the State of New York, Respondent, v. Milton Lord, Appellant

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

December 30, 1963


Judgment affirmed.

The statement in the prosecutor's opening address that the People would prove prior identification was erroneous at that time, but the cross-examination of complainant showed that identification was in issue, and the People did introduce evidence of prior identification without objection. Under these circumstances, in view of the clear guilt of defendant, the error in the opening statement should be overlooked (Code Crim. Pro., § 542).

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