People v. Michael J., 54 A.D.2d 655 (N.Y. App. Div. 1976). · Go Syfert
People v. Michael J., 54 A.D.2d 655 (N.Y. App. Div. 1976). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Johnson v. Chairman of the New York City Transit Authority (nyappdiv, 1980-06-16)
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discussed Cited "see, e.g." Johnson v. Chairman of the New York City Transit Authority
N.Y. App. Div. · 1980 · signal: see also · confidence low
However, absent any delay in the proceedings properly attributable to the petitioner himself, the maximum permissible period of suspension without pay is three months (see Civil Service Law, § 75, subd 3; see, also, Matter of Trotner v Bartlett, 54 AD2d 655 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael J.
Appellate Division of the Supreme Court of the State of New York.
Oct 26, 1976.
54 A.D.2d 655
Published

Judgment of conviction after trial by a jury, Supreme Court, Bronx County, rendered May 30, 1975, unanimously reversed, on the law, and as a matter of discretion in the interest of justice, and the case remanded for a new trial. Defendant-appellant, not having been apprehended for some time after the alleged crime, identification was an important issue, particularly as there was but one eye-witness. Thus, when defendant was brought into the witness’ presence in handcuffs and was identified by his accuser, the policeman who observed this scene should not have been permitted to describe it in his testimony. (See People v Trow-bridge, 305 NY 471.) Nor should other police officers have been permitted to testify to the description, which fit the defendant, given to them on the day of the crime by its victim. (See People v Harris, 52 AD2d 560; People v Oliver, 4 AD2d 28.) It cannot be said that these two erroneously admitted pieces of bolstering evidence, particularly in tandem, can be deemed to have been harmless. Concur&emdash;Markewich, J. P., Murphy, Lupiano, Birns and Nunez, JJ.