AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BEVERLY J. PAPINEAU, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of attempted robbery, first degree, and assault, second degree. Upon the trial a police officer testified, without objection, to a prior identification of the defendant made by the victim and an eyewitness. We agree that this was error. ( People v. Trowbridge, 305 N.Y. 471; People v. Caserta, 19 N.Y.2d 18.) No objection having been made to this proof, however, the question was not preserved for review. ( People v. Ross, 21 N.Y.2d 258.) We may of course reverse in the interest of justice ( People v. Kelly, 12 N.Y.2d 248) but we decline to exercise that power on the present record. (Cf. People v. Phillips, 27 A.D.2d 981.) We have considered defendant's other contentions and find them without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. PAPINEAU
(Jan 16, 1969)