PEOPLE v. KYSER


52 A.D.2d 1072 (1976)

The People of the State of New York, Respondent, v. Leslie J. Kyser, Appellant

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

May 28, 1976


Judgment unanimously reversed, second count of indictment dismissed, and a new trial granted on first count of indictment.

Memorandum:

Defendant's objections to receipt of photographs and testimony of his prior identification at the police station are without merit. Defendant made no objection to the testimony, and indeed participated in it in his cross-examination, and he even referred to the photographs as being from "mug books". Although the court should...

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