PEOPLE v. BRYANT


39 A.D.2d 80 (1972)

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

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

May 16, 1972.


Attorney(s) appearing for the Case

Otto F. Fusco for appellant.

Daniel J. Sullivan of counsel (Burton B. Roberts, District Attorney), for respondent.

STEVENS, P. J., and McNALLY, J., concur with CAPOZZOLI, J.; MURPHY, J., dissents in an opinion in which NUNEZ, J., concurs.


CAPOZZOLI, J.

It is true that it was improper for the prosecutor to examine the identification witness as to his earlier action in the station house when he is alleged to have identified the defendant's picture. It cannot be defended on the theory that the subject was introduced by defendant's counsel. The answer given by the witness to the question as to how long he stayed at the station house, "around nine o'clock because I was looking at the pictures...

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