People v. Smith

Dennis Edwards, Jr., J.

This court must determine the propriety of a lineup conducted without defense counsel present. It took place prior to the defendant’s arraignment, but after his arrest, on a robbery charge. However, at that time the defendant already had been arraigned on a grand larceny and criminal possession of stolen property complaint involving the same property.

At a Wade hearing held before this court, Assistant District Attorney Regina Felton, Police Officer William McNeill and trial preparation assistant Samuel Jacob Mark testified for the People. Alan Farbman, an attorney…