PEOPLE v. ROBBINS


38 N.Y.2d 913 (1976)

The People of the State of New York, Respondent, v. Ernest Robbins, Appellant.

Court of Appeals of the State of New York.

Decided February 24, 1976.


Attorney(s) appearing for the Case

Henrietta M. Wolfgang, Nathaniel A. Barrell and Rosalie M. Stoll for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge COOKE concurs.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

In face of the offer of defense counsel to stipulate that the photographs identified by the victim before trial had indeed been photographs of defendant, it was error to admit the police mug shots in question notwithstanding that some effort had been made by pasteovers to modify their appearance. Prejudice to defendant's constitutional...

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