PEOPLE v. SMITH


120 A.D.2d 118 (1986)

The People of the State of New York, Respondent, v. Roland Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 10, 1986


Attorney(s) appearing for the Case

Philip L. Weinstein (Jonathan M. Kratter of counsel), for appellant.

John J. Santucci, District Attorney (Annette Cohen of counsel), for respondent.

LAZER, J. P., BRACKEN and SPATT, JJ., concur.


MANGANO, J.

The primary issue to be resolved on the instant appeal is whether that branch of the defendant's omnibus motion which was to suppress a lineup identification should have been granted on the ground that the defendant was deprived of his right to counsel at the lineup. In our view, the question must be answered in the affirmative.

On November 1, 1980, at approximately 2:00 A.M., a robbery occurred...

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