PEOPLE v. MITCHELL


59 Misc.2d 15 (1969)

The People of the State of New York, Plaintiff, v. Alvin L. Mitchell, Defendant.

Supreme Court, Criminal Term, Queens County.

March 12, 1969


Attorney(s) appearing for the Case

Lyon & Erlbaum (William M. Erlbaum of counsel), for defendant. Thomas J. Mackell, District Attorney (Thomas A. Duffy, Jr., of counsel), for plaintiff.


EDWARD THOMPSON, J.

Defendant moves for a hearing authorized by the decision in Stovall v. Denno (388 U.S. 293 [1967]) to determine whether the pretrial and trial identifications of petitioner Alvin L. Mitchell, by People's witness, James F. Lewis, were so unnecessarily suggestive and conducive to irreparable mistaken identification that petitioner was denied due process...

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