PEOPLE v. SMITH


110 Misc.2d 616 (1981)

The People of the State of New York, Plaintiff, v. Colin Smith, Defendant.

Supreme Court, Trial Term, Bronx County.

July 10, 1981


Attorney(s) appearing for the Case

Enid Gerling for defendant. Mario Merola, District Attorney (John Ryan of counsel), for plaintiff.


HERBERT SHAPIRO, J.

The defendant has been indicted for the crimes of rape in the first degree and robbery in the third degree.

Defendant now moves for an order determining that the identification of the defendant in the lineup was constitutionally defective.

After a conference between the attorneys and the court it was agreed by all that there were no factual issues to be resolved and that the motion would be decided as a matter of law...

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