People v. Jackson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

As the People candidly concede, the lineup testimony of two of the People’s witnesses should have been suppressed. Since a removal order had been issued to secure defendant’s attendance at the pretrial identification procedures, defendant had a right to the presence of counsel during the lineups (People v Coleman, 43 NY2d 222). Inasmuch as defendant did not waive that right, the lineups, which were conducted in the absence of counsel, violated defendant’s constitutional rights.

Further,…