Legal Opinion
People v. Chambliss
New York County Courts
Decided August 18, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard E. Delaney, J.
The first impression issues before the court are whether a defendant in a criminal proceeding has a right to waive his personal appearance at a preliminary felony hearing (CPL 180.60) and if such right exists, are sanctions appropriate for arbitrary denial of that right, to wit, supression of the use of such identification as may occur at such hearing by the People during their case-in-chief during trial. As indicated below, this court finds that a defendant in a criminal proceeding has a right pursuant to CPL 180.60 (subd 2) and Federal and State…
2Cases cited44 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mapp v. OhioSupreme Court of the United States · 1961
- United States v. WadeSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Manson v. BrathwaiteSupreme Court of the United States · 1977
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3Cited by3 opinions
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1984
- People v. LudwigsenAppellate Division of the Supreme Court of the State of New York · 1987
- People ex rel. Gilbert v. Scoralick, New York County Courts1987