PEOPLE v. GUERRA


35 A.D.3d 323 (2006)

830 N.Y.S.2d 19

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS GUERRA, Appellant.

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

Decided December 28, 2006.


Were we to find that the showup identification by Robert Castillo was conducted in an unduly suggestive manner, and were we to find that both the showup and in-court identifications made by the witness in question should not have been admitted, we would find the error to be harmless beyond a reasonable doubt because of the overwhelming proof of defendant's guilt, which included scientific evidence (see People v Crimmins, 36 N.Y.2d 230

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