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PEOPLE v. BASKERVILLE

32 A.D.2d 555 (1969)

The People of the State of New York, Respondent, v. Robert Baskerville, Appellant

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

April 21, 1969

Judgment affirmed.

While it is error to permit a witness to testify as to his prior identification of a defendant by means of photographs (People v. Caserta, 19 N.Y.2d 18), and references by the District Attorney and the court to such testimony as well as the admission into evidence of the photographs themselves were improper (see, e.g., People v. Hunnicutt, 15 A.D.2d 536;

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