Opinion
Argued April 13, 1967
Decided May 18, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.
Peter F. Nadel and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Arnold Kideckel of counsel), for respondent.
Judgment affirmed. While evidence of prior identification is error ( People v. Trowbridge, 305 N.Y. 471; People v. Caserta, 19 N.Y.2d 18) where the other evidence of identification is as strong and clear as in this case, the admission of said evidence may be deemed harmless error (Code Crim. Pro., § 542).
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Taking no part: Judge BREITEL.