# People v. McCray

> New York Court of Appeals · December 14, 1982 · 57 N.Y.2d 542

URL: https://www.frixlaw.com/law-library/cases/5534996

## Case

- **Full name:** The People of the State of New York v. Michael McCray
- **Court:** New York Court of Appeals
- **Decided:** December 14, 1982
- **Citations:** 57 N.Y.2d 542; 457 N.Y.S.2d 441; 443 N.E.2d 915; 1982 N.Y. LEXIS 3844
- **Precedential status:** Published
- **Opinion:** Concurrence by Cooke
- **Judges:** Cooke, Fuchsberg, Gabrielli, Meyer
- **Cited by:** 60 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5534996

## Opinion text

Chief Judge Cooke
(concurring). I concur in the majority’s holding that the prosecutor’s use of peremptory challenges did not violate defendant’s constitutional rights.
I also agree that this court need not decide the negative identification issue, but for a reason different than that implicitly adopted by the majority, which erroneously concludes that, defendant’s counsel opened the door to this testimony. Assuming, arguendo, that admission of the negative identification testimony was improper, in light of the entire record, including defense counsel’s own reference to this subject in his opening statement, the error, if any, cannot be said to have prejudiced defendant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5534996. Public record. Not legal advice.