Opinion
April 9, 1976
Appeal from the Oneida County Court.
Present — Marsh, P.J., Simons, Dillon, Goldman and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: Although it was error for the prosecution to elicit testimony of an alleged confederate of the defendant as to his prior out-of-court identification of the defendant from a photograph (People v Griffin, 29 N.Y.2d 91, 93), the error was harmless, and so not cause for reversal (People v Caserta, 19 N.Y.2d 18, 21-22; People v Quigley, 30 N.Y.2d 738). Identification of the defendant was not essential to connect him with the robberies, since both he and the People agree that the case rests solely upon the validity of his confession, and the court so charged. The voluntariness of the confession was clearly established beyond a reasonable doubt.