PEOPLE v. ORTIZ


65 A.D.2d 607 (1978)

The People of the State of New York, Respondent, v. Roberto Ortiz, Appellant

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

October 23, 1978


Judgments affirmed.

Although it was error for the People to elicit from the complainant that he had picked defendant's photograph from a group of photographs shown to him, the trial court immediately sustained defendant's objection and gave curative instructions to the jury. Similarly, the court and the People erred in eliciting testimony as to the victim's identification of defendant at a Wade hearing. Under the law existing at the time of the trial (see CPL...

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