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PEOPLE v. SMILEY

33 A.D.2d 768 (1969)

The People of the State of New York v. James Smiley. The People of the State of New York ex rel. James Smiley v. Albert Nenna, as Warden

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

December 18, 1969

Motion granted to the extent of amending the remittitur to recite the following: "Upon the appeal herein there were presented, and necessarily passed upon, questions under the Constitution of the United States, viz.: Appellant contends that his pretrial lineup identification was in violation of the Due Process Clause of the Fourteenth Amendment of the United States Constitution, and that the refusal of the Trial Court to allow him...

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