PEOPLE v. SMITH


38 N.Y.2d 882 (1976)

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

Court of Appeals of the State of New York.

Decided February 12, 1976.


Attorney(s) appearing for the Case

Amy Rothstein and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Gerald M. Labush and Robert M. Pitler of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

We affirm on the memorandum at the Appellate Division (46 A.D.2d 639) and would note, as we did in People v Blake (35 N.Y.2d 331, 336-337) that in addition to exigencies which would exempt prearraignment viewings from the Wade-Gilbert rules, "viewings on the scene and immediately after the commission of the crime" are similarly...

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