Legal Opinion
People v. Smith
New York County Courts
Decided March 21, 1980PublishedCited by 1 opinion
1Opinion of the Court
*514OPINION OF THE COURT
Gerard E. Delaney, J.
The issue before the court is whether or not, as a matter of law, a defendant may challenge the propriety of an identification process which takes place during the course of his felony hearing and/or latter Grand Jury presentment of charges against him.
As discussed, infra, this court holds that in an appropriate case such proceedings are subject to the same standards of due process "reliability testing” as the traditionally recognized police-arranged confrontations.
Defendant, Timothy Smith, has been jointly indicted with Thomas Smith for the crimes of…
2Cases cited23 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Stovall v. DennoSupreme Court of the United States · 1967
- Manson v. BrathwaiteSupreme Court of the United States · 1977
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