¶1Judgment unanimously affirmed. Memorandum: The testimony of the police officers indicating that the complaining witness identified defendant was improper (People v. Malloy, 22 N Y 2d 559; People v. Cioffi, 1 N Y 2d 70). However, the other evidence of identification was so strong that the error is not ground for reversal (People v. Caserta, 19 N Y 2d 18). (Appeal from judgment of Erie County Court convicting defendant of attempted robbery, third degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Moule and Henry, JJ.
42 A.D.2d 1040
People v. Caesar
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-10-26
Decided 1973-10-26