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PEOPLE v. MITCHELL

34 A.D.2d 690 (1970)

The People of the State of New York, Respondent, v. Ernest Mitchell, Appellant

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

April 27, 1970

Judgment reversed, on the law and the facts and in the exercise of discretion, and indictment dismissed.

In our opinion, it was error to permit Detective Harris to testify as to the complainant's prior identification of defendant (People v. Christman, 23 N.Y.2d 429, 433; People v. Malloy, 22 N.Y.2d 559, 567; People v. Caserta, 19 N.Y.2d 18

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