PEOPLE v. BROWN


26 A.D.3d 392 (2006)

812 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE BROWN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 2006.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

The defendant contends that because he was denied the right to counsel at an investigatory lineup, the identification testimony of one of the complainants should have been suppressed. While generally there is no constitutional right to counsel at an investigatory lineup prior to the commencement of formal adversarial proceedings, where the police...

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