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PEOPLE v. MELVIN

282 A.D. 950 (1953)

The People of the State of New York, Respondent, v. Ernest Melvin, Appellant The People of the State of New York, Respondent, v. Milton Melvin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1953.

Judgment reversed on the law and the facts and a new trial ordered.

It was error to admit the testimony of the witness Detective Pilon respecting the complaining witness' identification of appellants prior to the trial. (People v. Trowbridge, 305 N.Y. 471.) Under the proof and in the circumstances disclosed by the record, it was error to read to the jury the entire affidavit made in the Magistrate's Court and the entire transcript...

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