PEOPLE v. SANDERS


66 N.Y.2d 906 (1985)

The People of the State of New York, Respondent, v. James Sanders, Appellant.

Court of Appeals of the State of New York.

Decided November 26, 1985.


Attorney(s) appearing for the Case

David P. Friedman and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Rosalyn H. Richter and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

By allowing the witness to testify at trial as to his observations at the scene of the crime, including his description of the person he saw in the hallway with a gun, the trial court did not violate the pretrial ruling prohibiting the witness from making an in-court identification. As found by the Appellate Division, the witness gave his description...

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