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PEOPLE STATE NEW YORK v. JAMES DE LOACHE (11/18/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


November 18, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAMES DE LOACHE, APPELLANT

Concur -- Stevens, P. J., Capozzoli, Tilzer, McGivern and Markewich, JJ.

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.)

Disposition

Judgment unanimously affirmed.

19691118

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