PEOPLE v. COLEMAN


43 N.Y.2d 222 (1977)

The People of the State of New York, Respondent, v. John Coleman, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1977.


Attorney(s) appearing for the Case

Patrick F. Broderick for appellant.

John J. Santucci, District Attorney (Bruce E. Whitney and George Freed of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur with Judge JASEN; Judge FUCHSBURG concurs in result in a separate opinion.


JASEN, J.

We are asked to pass on the question of whether a defendant, incarcerated pending trial on a charge for which he was represented by counsel, may waive, in the absence of an attorney, his right to counsel at a lineup, held in an unrelated investigation, in which his presence was secured pursuant to a court order of removal.

On May 21, 1974, a robbery occurred at a bar in Queens County. Two witnesses...

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