Opinion
Argued April 24, 1973
Decided May 4, 1973
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EDWARD O. PROVENZANO, J.
Nicholas P. Varlan, Public Defender ( Edward J. Massare of counsel), for appellant.
Jack B. Lazarus, District Attorney ( Edward J. Spires of counsel), for respondent.
Order affirmed. Although evidence of prior identification of a defendant from a photograph is improper (see, e.g., People v. Caserta, 19 N.Y.2d 18; People v. Trowbridge, 305 N.Y. 471), the admission of such evidence may be stamped as harmless error where the other proof of identification and of guilt is as clear and strong as in this case. (Code Crim. Pro., § 542 [now CPL 470.05, subd. (1)]; see, e.g., People v. Milburn, 19 N.Y.2d 910. )
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER. Taking no part: Judge GABRIELLI.