PEOPLE v. FOSTER


38 A.D.2d 989 (1972)

The People of the State of New York, Respondent, v. Robert Foster, Appellant

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

March 7, 1972


Defendant was indicted for attempted robbery, first degree. The jury found him guilty as charged. On this appeal he raises three issues: (1) he maintains that his participation in a police lineup prior to arrest without counsel was error; (2) that error was also committed in not requiring the People to clearly establish that the in-court identification was not tainted by his improper lineup identification; and (3) that the court erred in refusing defendant an adjournment...

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