Citation Numbers： 33 A.D.2d 671, 305 N.Y.S.2d 139, 1969 N.Y. App. Div. LEXIS 2834
Filed Date： 11/18/1969
Status： Precedential
Modified Date： 11/1/2024
Judgment unanimously affirmed. Although it was error to permit testimony by police officers as to the pretrial identification of the defendant by a third person, the other independent evidence of identification was so convincing and defendant’s guilt so clearly established, the error may be treated as harmless pursuant to section 542 of the Code of Criminal Procedure. (See People v. Aiken, 23 N Y 2d 986.) Concur — Stevens, P. J., Capozzoli, Tilzer, McGivern and Markewich, JJ.