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PEOPLE v. MILBURN
Court of Appeals of the State of New York.
May 18, 1967
Judgment affirmed. While evidence of prior identification is error ( People v. Trowbridge, 305 N.Y. 471; People v. Caserta, 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 may be deemed harmless error (Code Crim. Pro., ยง 542).
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Taking no part: Judge BREITEL.
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