Legal Opinion

People v. Banks

New York Court of Appeals

Decided April 28, 1981PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted after a jury trial of two supermarket armed robberies. Two prosecution witnesses, each a cashier at one of the supermarkets, testified at trial about her prior lineup identification of defendant. Those lineups violated defendant’s right to counsel because each was conducted pursuant to a court order, but in the absence of counsel and without a valid waiver (see People v Lloyd Winston G., 45 NY2d 962, 963-964; People v Coleman, 43 NY2d 222).

The People argue, however, that defendant…

2Cases cited9 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. SamuelsNew York Court of Appeals · 1980
  3. People v. ArthurNew York Court of Appeals · 1968
  4. People v. TuttNew York Court of Appeals · 1976
  5. People v. ColemanNew York Court of Appeals · 1977

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. WhiteNew York Court of Appeals · 1989
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1981
  3. People v. HopkinsAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. ClaudioNew York Court of Appeals · 1983
  5. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1995

9 more not listed; retrieve them via the Exa API.

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