PEOPLE v. JOHNSON


32 N.Y.2d 814 (1973)

The People of the State of New York, Respondent, v. William Johnson, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1973.


Attorney(s) appearing for the Case

Nicholas P. Varlan, Public Defender (Edward J. Massare of counsel), for appellant.

Jack B. Lazarus, District Attorney (Edward J. Spires of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER. Taking no part: Judge GABRIELLI.


Order affirmed. Although evidence of prior identification of a defendant from a photograph is improper (see, e.g., People v. Caserta, 19 N.Y.2d 18; People v. Trowbridge, 305 N.Y. 471), the admission of such evidence may be stamped as harmless error where the other proof of identification and of guilt is as clear and strong as in this case. (Code Crim. Pro., § 542 [now CPL 470.05, subd....

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