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People v. Wintje

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 510 (N.Y. App. Div. 1985)

Opinion

December 2, 1985

Appeal from the County Court, Putnam County (Hickman, J.).


Judgment affirmed.

There was more than adequate testimony which, if believed by the jury, constituted proof beyond a reasonable doubt. The court did not err in ruling that if defendant testified, the complaining witness would be permitted to testify that she recognized his voice as that of her assailant. The same considerations apply in voice identifications as in visual identifications (People v Collins, 60 N.Y.2d 214). Accordingly, just as an in-court visual identification is not precluded by the absence of a prior lineup, the trial court correctly ruled that an in-court voice identification would not be precluded merely because there was no prior voice lineup.

Defendant's remaining contentions have been considered and found to be without merit. O'Connor, J.P., Weinstein, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Wintje

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 510 (N.Y. App. Div. 1985)
Case details for

People v. Wintje

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH WINTJE…

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

Date published: Dec 2, 1985

Citations

115 A.D.2d 510 (N.Y. App. Div. 1985)