PEOPLE v. BANKS


53 N.Y.2d 819 (1981)

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

Court of Appeals of the State of New York.

Decided April 28, 1981.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Carol Y. Kenderick and Billie Manning of counsel), for appellant.

Thomas H. Busch and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted after a jury trial of two supermarket armed robberies. Two prosecution witnesses, each a cashier at one of the supermarkets, testified at trial about her prior lineup identification of defendant. Those lineups violated defendant's right to counsel because each was conducted pursuant to a court order, but in the absence of counsel...

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