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PEOPLE v. HUNTER

20 N.Y.2d 789 (1967)

The People of the State of New York, Respondent, v. Wilford Hunter, Appellant.

Court of Appeals of the State of New York.

Decided September 28, 1967.

Attorney(s) appearing for the Case

Patrick M. Wall and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (William I. Siegel of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and KEATING. Judge VAN VOORHIS concurs under section 542 of the Code of Criminal Procedure in the following opinion in which Judge BREITEL concurs.

Judgment affirmed.

VAN VOORHIS, J. (concurring).

I concur for affirmance but under section 542 of the Code of Criminal Procedure. I agree with the majority that there is no general rule or presumption that it is more difficult for a witness to identify members of another race than his own, and do not regard it as a proper subject for expert testimony. Upon the other hand, defense counsel should not have...

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