PEOPLE v. BROWN


62 N.Y.2d 743 (1984)

The People of the State of New York, Respondent, v. Henry Brown, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1984.


Attorney(s) appearing for the Case

Andrew E. Abraham and William E. Hellerstein for appellant.

Elizabeth Holtzman, District Attorney (Allan P. Root of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be modified and the case remitted for a new suppression hearing.

A blind Judge should not preside at a hearing where, as in this case, because of an inability to see, the Judge is unable to evaluate a critical exhibit — a photograph of the contested lineup — without calling upon another person to describe it to him. Under these circumstances the...

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