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PEOPLE v. TISDALE

114 A.D.2d 869 (1985)

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

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

November 4, 1985

Judgment affirmed.

At trial, the victim of the crime, when asked whether he had seen defendant prior to identifying him at a lineup, stated that he had seen defendant "in a picture". This testimony was error because it could have caused the jury to infer that the victim had previously identified defendant in a photograph and that defendant, who did not testify at trial, had a criminal record (see, People v Griffin, 29 N.Y.2d 91

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