People v. Ordner

• Decision Date: 09 June 1966
• Citation: 271 N.Y.S.2d 995,17 N.Y.2d 898
• Parties: , 218 N.E.2d 703 The PEOPLE, etc., Respondent, v. Adolf ORDNER, True Name Adolf Ornder, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 995

271 N.Y.S.2d 995

17 N.Y.2d 898, 218 N.E.2d 703

The PEOPLE, etc., Respondent, v. Adolf ORDNER, True Name Adolf Ornder, Appellant.

Court of Appeals of New York.

June 9, 1966.

Appeal from Supreme Court, Appellate Division, First Department, 23 A.D.2d 720, 258 N.Y.S.2d 331. Lawrence K. Feitell, Selig Lenefsky, New York City (Arthur C. Muhlstock, New York City, of counsel), for appellant.

Frank S. Hogan, New York City (Harold Roland Shapiro, New York City, of counsel), for respondent.

The defendant was convicted of the crime of murder in the first degree as a felony murder.

The Supreme Court, New York County, Irwin D. Davidson, J., rendered judgment, and the defendant appealed.

The Appellate Division affirmed, and the defendant appealed by permission of an associate judge of the Court of Appeals.

In the Court of Appeals the defendant asserted that the prosecution failed to establish a prima facie case that deceased had been killed during the commission of a felony, and that reversible error had been committed by the prosecutor in eliciting proof of (1) a previous identification by photograph, (2) a previous identification from a police officer who was not himself a witness to the crime, and (3) a previous identification on People's direct case even before identification was in issue. The defendant further argued that he had been denied due process of law by an intentional undue delay in his arraignment.

Judgment reversed and a new trial ordered upon the ground that there is insufficient proof of the underlying felony. On the new trial there should not be a repetition of the error committed when the arresting officer was allowed to testify that before the arrest he had been shown in the police station a photograph of defendant.

All concur except BURKE and SCILEPPI, JJ., who dissent and vote to affirm.