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PEOPLE v. WHITAKER

64 N.Y.2d 347 (1985)

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

Court of Appeals of the State of New York.

Decided February 14, 1985.

Attorney(s) appearing for the Case

Jonathan M. Kratter and William E. Hellerstein for appellant.

Elizabeth Holtzman, District Attorney (Peter A. Weinstein, Barbara D. Underwood and Richard T. Faughnan of counsel), for respondent.

Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

Chief Judge WACHTLER.

The defendant, while lawfully in custody at a police station on a murder charge, was placed in a lineup relating to another murder, not because he was suspected of the crime but to fill up the lineup around another suspect. At the lineup the defendant was identified as the person who committed this second murder and was subsequently convicted of...

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