PEOPLE v. JONES


223 A.D.2d 375 (1996)

637 N.Y.S.2d 32

The People of the State of New York, Respondent, v. Tillman Jones, Appellant

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

January 9, 1996


Defendant's motion to suppress identification testimony was properly denied. The record supports the findings of the hearing court. There was some question regarding whether defendant was actually represented by counsel at the time of the lineup herein, but even assuming such representation, counsel had ample advance notice of the lineup, but expressed no interest in attending. When defendant inquired of the police whether a lineup without the presence of counsel was "legal...

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