PEOPLE v. ANNIS


48 A.D.2d 622 (1975)

The People of the State of New York, Respondent, v. Vernon Annis, Appellant

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

May 15, 1975


The crucial issue here was that of identification. On direct examination, after a witness identified defendant as one of the perpetrators of the crime, the prosecutor asked the witness if there came a time "when a detective showed you photographs?" The witness answered "Yes." A motion for a mistrial was denied. The question and the answer would reasonably indicate that the witness had made an extrajudicial identification of a photograph of this defendant. Such bolstering...

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