PEOPLE v. WHITE


37 A.D.2d 962 (1971)

The People of the State of New York, Respondent, v. Leroy White, Appellant

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

November 1, 1971


Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing and a new determination, as indicated herein below.

In our opinion, comity mandates a hearing upon the issues which the United States District Court Judge found were crucial to an adjudication of appellant's claim of lack of due process in the pretrial identification conducted by the police...

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