PEOPLE v. SMILEY


54 Misc.2d 826 (1967)

The People of the State of New York, Plaintiff, v. James Smiley, Defendant.

Supreme Court, Trial Term, New York County.

July 14, 1967


Attorney(s) appearing for the Case

Elliott H. Eisman for defendant. Frank S. Hogan, District Attorney (Irwin Rochman of counsel), for plaintiff.


JOSEPH A. MARTINIS, J.

This is a question of "first instance" resulting from the decisions of the Supreme Court of the United States, in United States v. Wade, Gilbert v. California and Stovall v. Denno, all hereinafter referred to.

The defendant has been indicted for robbery in the first degree, grand larceny in the second degree, assault with intent to commit a felony, and possession of a dangerous weapon. The facts, at this point...

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