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PEOPLE v. PHILLIPS

27 A.D.2d 981 (1967)

The People of the State of New York, Respondent, v. John Thomas Phillips, Appellant

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

April 6, 1967

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of robbery, first degree and grand larceny, first degree. Upon the trial a police officer was permitted over objection to state the description of the two assailants given him by complainant shortly after the alleged crime. The testimony should not have been received (People v. Deitsch, 237 N.Y. 300, 304; People v. Oliver, 4 A.D.2d 28...

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