People v. Griffin

OPINION OF THE COURT

Michael A. Gary, J.

QUESTION PRESENTED

Is a defendant’s right to counsel at a court-ordered lineup violated when the attorney sends his private investigator in *464his place and the private investigator is excluded from the lineup procedure?

FACTS

The following findings of fact were made pursuant to a Wade/Rodriguez independent source hearing.1

In November 1997 the Kings County District Attorney’s office moved by way of an order to show cause to have Gerald Griffin participate in a lineup regarding a homicide that had occurred in April of that year. The defendant was incarcerated…