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PEOPLE v. BAYRON

66 N.Y.2d 77 (1985)

The People of the State of New York, Respondent, v. Orestes Bayron, Appellant. The People of the State of New York, Respondent, v. Jesus Roman, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1985.

Attorney(s) appearing for the Case

Robin J. Nichinsky and William E. Hellerstein for Orestes Bayron, appellant.

Lawrence Fleischer for Jesus Roman, appellant.

Mario Merola, District Attorney (Mark L. Freyberg and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, ALEXANDER and TITONE concur.

KAYE, J.

Third-party testimony recounting a witness's pretrial identification of defendants, while admissible at trial in situations where the witness cannot on the basis of present recollection identify defendants (see, CPL 60.25), is not rendered admissible by the witness's refusal at trial to make an identification because of fear. The Appellate Division orders affirming defendants' robbery convictions...

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