p. 930The People of the State of New York, Respondent, v. Leroy Harden, Appellant. Argued May 31, 1972; decided July 7, 1972.
p. 932
Abraham Werfel for appellant.
Thomas J. Mackell, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.
no opinion.
Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Chief Judge Fuld dissents and votes to reverse and grant a new trial upon the ground that the in-court identification by the complaining witness was irreparably tainted, as a matter of law, by the two highly suggestive and prejudicial “ show-ups ” to which the appellant was subjected prior to the trial. (See, e.g., United States v. Wade, 388 U. S. 218 , 240; People v. Hanley, 27 N Y 2d 648 ; People v. Hill, 22 N Y 2d 686 ; People v. Mobley, 29 A D 2d 775 .)
Cases cited
- United States v. Wade 388 U. S. 218 at 240 p. 932
- People v. Hanley 27 N Y 2d 648 p. 932
- People v. Hill 22 N Y 2d 686 p. 932