PEOPLE v. FREYTES


48 A.D.2d 807 (1975)

The People of the State of New York, Respondent, v. Juan Freytes, Appellant

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

June 24, 1975


Defendant-appellant, charged with felony murder and related crimes, did not have a fair trial. There were three outstanding errors, and, since the sum of the prejudice of all three makes a new trial necessary, it is not required that each be evaluated separately, as to its possible prejudicial weight. A police sergeant was permitted to bolster the identification testimony of two eyewitnesses by his description of how they selected photographs from amongst a group submitted...

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