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People v. Watts

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 248 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Supreme Court, Erie County, Flynn, J.

Present — Callahan, J.P., Denman, Boomer, Green and Pine, JJ.


Judgment unanimously affirmed. Memorandum: By eliciting evidence concerning the photographic array and creating an inference that the array led to a mistaken identification of defendant, defense counsel opened the door to the prosecution's evidence explaining the circumstances of the viewing (see, People v McCullars, 89 A.D.2d 669; see also, People v Bolden, 58 N.Y.2d 741; People v Patterson, 88 A.D.2d 694, affd 59 N.Y.2d 794).

We have examined defendant's other contentions and we find them without merit.


Summaries of

People v. Watts

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 248 (N.Y. App. Div. 1985)
Case details for

People v. Watts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DORIAN WATTS, Appellant

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 248 (N.Y. App. Div. 1985)