PEOPLE v. FALTERMAN


74 A.D.2d 584 (1980)

The People of the State of New York, Respondent, v. Robert Falterman, Appellant

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

February 4, 1980


Judgment reversed, on the law, and new trial ordered.

On the facts of this case, it was error to permit the prosecution to introduce a police composite sketch drawn with the aid of the complainant. The testimony showed that the complainant had selected a photograph of someone other than the defendant as resembling her assailant. On cross-examination the prosecution introduced a composite sketch which had been prepared with the complainant's help prior to her selection...

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