PEOPLE v. COLLINS


39 A.D.2d 555 (1972)

The People of the State of New York, Respondent, v. Charles Collins, Appellant

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

April 10, 1972


Judgment affirmed.

No opinion.

Shapiro and Brennan, JJ., dissenting.

In our opinion the receipt of testimony from a police officer upon his direct examination as to a description given to him of the assailant shortly after the commission of the crime was prejudicial error necessitating a new trial. In view of all the circumstances, the identification of defendant was not so "altogether satisfactory" as to permit us to view the error as harmless (cf...

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