Opinion
April 6, 1967
Appeal from the Monroe County Court.
Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery, first degree and grand larceny, first degree. Upon the trial a police officer was permitted over objection to state the description of the two assailants given him by complainant shortly after the alleged crime. The testimony should not have been received ( People v. Deitsch, 237 N.Y. 300, 304; People v. Oliver, 4 A.D.2d 28, 31, affd. 3 N.Y.2d 684). Moreover, the trial court in its charge stated that one or more police officers had testified that complainant identified the two defendants when they were apprehended a short time after the alleged robbery. There was no such testimony and if there had been its receipt would have been error ( People v. Trowbridge, 305 N.Y. 471; People v. Oliver, supra, p. 31). We conclude, however, that these errors do not mandate reversal (cf. Code Crim. Pro., § 542).