People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, J.
The primary issue to be resolved on the instant appeal is whether that branch of the defendant’s omnibus motion which was to suppress a lineup identification should have been granted on the ground that the defendant was deprived of his right to counsel at the lineup. In our view, the question must be answered in the affirmative.
On November 1, 1980, at approximately 2:00 A.M., a robbery occurred at the Skylark Lounge on Merrick Boulevard in Queens. One man was killed, and another wounded. The chief witness for the prosecution was the man who survived his…
2Cases cited13 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AdamsNew York Court of Appeals · 1981
- People v. DodtNew York Court of Appeals · 1984
- People v. HawkinsNew York Court of Appeals · 1982
- People v. AlmesticaNew York Court of Appeals · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meath v. MishrickNew York Court of Appeals · 1986
- People v. AstacioAppellate Division of the Supreme Court of the State of New York · 1987
- People v. DrummondAppellate Division of the Supreme Court of the State of New York · 1987
- People v. CoatesAppellate Division of the Supreme Court of the State of New York · 1988
- People v. McCrimmonAppellate Division of the Supreme Court of the State of New York · 1987
4 more not listed; retrieve them via the Exa API.