From Casetext: Smarter Legal Research

People v. Hilbert

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1966
25 A.D.2d 708 (N.Y. App. Div. 1966)

Opinion

March 30, 1966


MEMORANDUM BY THE COURT. The only intent and effect of the testimony of the police officer as to the prior identification of defendant by the complaining witness, the only witness to identify defendant, was to bolster and corroborate the testimony of that witness. It was improperly received for such purpose ( People v. Trowbridge, 305 N.Y. 471) and hence was so prejudicial as to require reversal, despite defendant's failure to object (Code Crim. Pro., § 542). It is unnecessary for us to determine the other assignments of error, Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered. Gibson, P.J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.


Summaries of

People v. Hilbert

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1966
25 A.D.2d 708 (N.Y. App. Div. 1966)
Case details for

People v. Hilbert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD HILBERT…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 30, 1966

Citations

25 A.D.2d 708 (N.Y. App. Div. 1966)