People v. Krel

OPINION OF THE COURT

Joseph F. Bruno, J.

This is a case of first impression presenting a novel inquiry as to whether a lineup of balding heads meets with due process requirements.

*821Defendant was accused of violating section 120.00 of the Penal Law and section 600 (1) (a) and (2) (a) of the Vehicle and Traffic Law. Subsequent to his arrest, there was a lineup arranged by the police wherein the defendant was identified by the complainant. Defendant moved for a Wade hearing, claiming that his constitutional rights were violated in that the police procedure used was unduly suggestive.

A hearing was…