PEOPLE v. LACLERE


76 N.Y.2d 670 (1990)

The People of the State of New York, Respondent, v. John LaClere, Also Known as Johnny LaClere, Also Known as Juan Ortega, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1990.


Attorney(s) appearing for the Case

Paul Lewis and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Lisa M. Loscalzo and Stanley R. Kaplan of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

Defendant was identified at an investigatory lineup conducted in the absence of his counsel, and he was eventually convicted of attempted murder after a jury trial at which lineup identification evidence was admitted. He had been arrested following a court appearance with counsel on an unrelated matter. The attorney promptly asked the presiding Judge to advise the arresting officers that he also...

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