PEOPLE v. BARNES


209 A.D.2d 364 (1994)

618 N.Y.S.2d 800

The People of the State of New York, Respondent, v. Arthur Barnes, Appellant

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

November 29, 1994


Quite apart from whether it was an abuse of discretion for the court, in the third trial on this indictment, to preclude the use by the defense of an apparent inconsistency by the complainant in the detective's handwritten memorialization of identification, the credible eyewitness identification of another identifying witness, who had selected the defendant from a lineup, provided overwhelming evidence of guilt, so that the error, if any, was harmless beyond a reasonable...

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