PEOPLE v. BLAKE


32 N.Y.2d 935 (1973)

The People of the State of New York, Respondent-Appellant, v. Jeffrey Blake, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1973.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Robert M. Cohen and Ronald D. Degan of counsel), for respondent-appellant.

Jack Minoff for appellant-respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.


MEMORANDUM.

The Appellate Division's reversal was apparently predicated on a misreading of section 393-b of the Code of Criminal Procedure (applicable in the 1970 trial in this case). That court held that it was reversible error, after the police officer had made an in-court identification of the defendant, to permit him while still on direct examination to testify to his prior recognition of the defendant at the pretrial...

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