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17 N.Y.2d 898

People v. Ordner

New York Court of Appeals

Decided June 9, 1966

New York Court of Appeals · decided 1966-06-09

Decided 1966-06-09

¶1Judgment reversed and a new trial ordered upon the ground that there is insufficient proof of the underlying felony. On the new trial there should not be a repetition of the error committed when the arresting officer was allowed to testify that before the arrest he had been shown in the police station a photograph of defendant.

¶2Concur: Chief Judge Desmond and Judges Fuld, Van Voobhis, Beegan and Keating. Judges Bubke and Scileppi dissent and vote to affirm.

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