PEOPLE v. BLAKE


37 A.D.2d 831 (1971)

The People of the State of New York, Respondent, v. Jeffrey Blake, Appellant

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

October 28, 1971


We find no error in the court's determination that an in-court identification would be the consequence of the witness' observation of the defendant at the scene of the crime. This conclusion was supported by the testimony. Any possible violation of constitutional rights as to the failure to have counsel at the so-called lineup was not prejudicial. In view of this no further hearing is required. It is otherwise as regards the trial. The prosecution as part of its main case...

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