Legal Opinion

People v. Flowers

New York County Courts

Decided January 20, 2012Published

1Opinion of the Court

OPINION OF THE COURT

John L. DeMarco, J.

The People have moved, by way of an order to show cause, for an order compelling defendant to appear in a corporeal lineup. Defendant has opposed, contending principally that (1) the court lacks jurisdiction to grant the relief requested under CPL article 240, and (2) the People have failed to satisfy the so-called Abe A. standards, especially the safe and reliable intrusion requirement (see Matter of Abe A., 56 NY2d 288 [1982]). In the alternative, defendant requests, inter alia, certain disclosure and a particular kind of lineup.

Although the court…

2Cases cited10 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Rochin v. CaliforniaSupreme Court of the United States · 1952
  3. Ladd v. . StevensonNew York Court of Appeals · 1889
  4. In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
  5. People v. ScottCalifornia Supreme Court · 1978

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