PEOPLE v. FRASER


79 A.D.2d 686 (1980)

The People of the State of New York, Respondent, v. Charles Earl Fraser, Also Known as Charles Frazier, Appellant

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

December 22, 1980


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

Although sufficient evidence was adduced to support the jury verdict finding defendant guilty of attempted robbery in the second degree, the prosecutor improperly questioned the complaining witness regarding an out-of-court identification of defendant, in direct contravention of a prior court order which, following a hearing, suppressed evidence of such identification. The prosecution's use of the previously suppressed...

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