Opinion
April 10, 1972
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 21, 1970, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Munder, Acting P.J., Latham and Gulotta, JJ., concur; Shapiro and Brennan, JJ., dissent and vote to reverse the judgment and order a new trial, with the following memorandum: In our opinion the receipt of testimony from a police officer upon his direct examination as to a description given to him of the assailant shortly after the commission of the crime was prejudicial error necessitating a new trial. In view of all the circumstances, the identification of defendant was not so "altogether satisfactory" as to permit us to view the error as harmless (cf. People v. Deitsch, 237 N.Y. 300, 304).