Legal Opinion

In re Edwin O.

New York City Family Court

Decided August 15, 1978Published

1Opinion of the Court

OPINION OF THE COURT

Richard D. Huttner, J.

The issue presented herein appears to be one of first impression in this State.

Proceeding via an omnibus motion in a delinquency proceeding, counsel for respondent seeks a court ordered lineup.

This request is made even more unique by counsel’s further unprecedented demand that a certain named individual (another youth) be compelled to participate in the requested lineup. The District Attorney has refused to voluntarily conduct the lineup and accordingly resists the motion. Respondent’s counsel’s reason for requesting the other youth’s participation in…

2Cases cited11 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Davis v. MississippiSupreme Court of the United States · 1969
  4. Cupp v. MurphySupreme Court of the United States · 1973
  5. People v. RiveraNew York Court of Appeals · 1964

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