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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GORE, Appellant.

Judgment of conviction unanimously reversed on the law and facts and a new trial granted. Memorandum: The defendant was convicted of robbery in the third degree. The only witnesses to testify on behalf of the People were the victim of the alleged robbery and a police officer. Over objection, the police officer was permitted to testify that the defendant had been identified by complainant in a police line up. The objection should have been sustained and the answer stricken. Identification by a witness, given on a trial, cannot be "bolstered" by testimony that the witness had previously made a similar identification. ( People v. Trowbridge, 305 N.Y. 471; People v. Brown, 2 A.D.2d 202.) The answer was a damaging conclusion and the question of identification was important because the defendant produced alibi witnesses.

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PEOPLE v. GORE
(Feb 16, 1961)