PEOPLE v. WILLIAMS


40 A.D.2d 812 (1972)

The People of the State of New York, Respondent, v. Louis P. Williams, Jr., Appellant

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

November 28, 1972


The main issue at the trial was the issue of identification. On appeal defendant urges that the court and the prosecutor improperly suggested to the jury that the identification by the complaining witness should be weighed in light of the fact that the complainant and the defendant were black. We have stated previously, and again reiterate, our strong disapproval of the jury appeal tactic of using racial similarity as a means of identification evaluation. We have said that...

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