People v. Smiley

This is a question of “ first instance ” resulting from the decisions of the Supreme Court of the United States, in United States v. Wade, Gilbert v. California and Stovall v. Denno, all hereinafter referred to.

The defendant has been indicted for robbery in the first degree, grand larceny in the second degree, assault with intent to commit a felony, and possession of a dangerous weapon. The facts, at this point, are immaterial.

The defendant has applied by motion to this court for a pretrial hearing to determine whether the police lineup or showup was 6 ‘ unnecessarily suggestive and conducive…