PEOPLE v. JORDAN


33 A.D.2d 651 (1969)

The People of the State of New York, Respondent, v. Thomas Jordan, Appellant

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

October 30, 1969


Judgment unanimously affirmed.

Memorandum:

We do not agree with the finding of the court following the preliminary hearing that defendant was advised of his right to have counsel present at the lineup identification procedure or that he waived counsel at the lineup. We find beyond a reasonable doubt however that the testimony as to the lineup identification could not have contributed to the conviction and that the admission of such evidence constituted harmless...

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