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PEOPLE v. JACKSON

7 N.Y.2d 142 (1959)

The People of the State of New York, Respondent, v. Herbert Jackson, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Martin Erdmann and Florence M. Kelley for appellant.

Frank S. Hogan, District Attorney (Peter R. Rosenblatt, Charles W. Manning and H. Richard Uviller of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND and VAN VOORHIS concur with Judge FULD; Judge DYE dissents in an opinion in which Judges FROESSEL and BURKE concur.

FULD, J.

On the night of January 17, 1958, two men committed a robbery in a liquor store operated by Patrick and Francis O'Brien. The appellant Jackson and another defendant were indicted for the crime and at the trial, held some eight months after its commission, both O'Briens identified Jackson as one of the robbers. Significantly, however, Patrick O'Brien had not picked Jackson out of a line-up which he had...

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