PEOPLE v. BOLDEN


58 N.Y.2d 741 (1982)

The People of the State of New York, Respondent, v. Curtis Bolden, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 1982.


Attorney(s) appearing for the Case

Martin Diennor for appellant.

Mario Merola, District Attorney (Esther Furman and Billie Manning of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI concurs in a concurring opinion in which Judge JASEN concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We do not reach the question of negative identification argued by defendant. On defendant's attorney's cross-examination of one of the victims, he asked whether she had ever said she did not get a good look at the perpetrator. Her unresponsive answer was that she had been shown a number of photographs at the time she made that statement. By failing to move to strike that unresponsive answer...

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