PEOPLE v. COLABELLA


31 A.D.2d 827 (1969)

The People of the State of New York, Respondent, v. Vincent Colabella, Appellant

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

February 17, 1969


The findings of fact below are affirmed. In our opinion, in the totality of the circumstances of this case, the failure of the police to employ a lineup in connection with the pretrial confrontation of defendant with the People's witnesses constituted a deprivation of due process, and since it was not clearly shown that the witnesses' in-court identification was of independent origin, the admission thereof into evidence was reversible error (United States v. Wade,...

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