People v. Jefferson

Lyman H. Smith

(Yates County Judge and Acting Judge for Monroe County). The question is whether in-court identification of the accused at trial is to be excluded from evidence because the accused was exhibited to the complainant witness before trial in absence of counsel (cf. United States v. Wade, 388 U. S. 218; Gilbert v. California, 388 U. S. 263; Stovall v. Denno, 388 U. S. 293).

One, Angelica DeAngelis, doing business as “ General Liquor Store ” of Rochester, New York,, was robbed on the afternoon of May 4, 1967, and again on the afternoon of May 6, 1967. On *97the first occasion, a Negro…