PEOPLE v. HARRINGTON


29 N.Y.2d 498 (1971)

The People of the State of New York, Respondent, v. Louis Harrington, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1971.


Attorney(s) appearing for the Case

Reginald F. Lewis for appellant.

Carl A. Vergari, District Attorney (James J. Duggan of counsel), for respondent.

Concur: Judges SCILEPPI, BERGAN, JASEN and GIBSON. Judge BURKE dissents and votes to modify in the following opinion in which Chief Judge FULD and Judge BREITEL concur.


Judgment affirmed.

BURKE, J. (dissenting).

On defendant's appeal from a conviction of robbery first degree and the unlawful possession of a dangerous weapon, the question presented for review is whether there is a sufficient independent basis for the in-court identification of the defendant untainted by a prior improper cell-block confrontation and the suggestive use of photographs for identification...

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