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19 N.Y.2d 910

People v. Milburn

New York Court of Appeals

Decided May 18, 1967

New York Court of Appeals · decided 1967-05-18

Relies on People v. Trowbridge

Decided 1967-05-18

¶1Judgment affirmed. While evidence of prior identification is error (People v. Trowbridge, 305 N. Y. 471; People v. Casería, 19 N Y 2d 18) where the other evidence of identification is as strong and clear as in this case, the admission of said evidence maybe deemed harmless error (Code Grim. Pro., § 542).

¶2Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Soileppi, Bergan and Keating. Taking no part: Judge Breitel.

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