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People v. Smith

38 N.Y.2d 882 Court N.Y. Decision date 1976-02-12 English

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p. 882
The People of the State of New York, Respondent, v Robert Smith, Appellant.
Argued January 9, 1976;
decided February 12, 1976
p. 883
Amy Rothstein and William E. Hellerstein for appellant.
Robert M. Morgenthau, District Attorney (Gerald M. La-bush and Robert M. Pitler of counsel), for respondent.

Memorandum. We affirm on the memorandum at the Appellate Division ( 46 AD2d 639 ) and would note, as we did in People v Blake ( 35 NY2d 331 , 336-337) that in addition to exigencies which would exempt prearraignment viewings from the Wade-Gilbert rules, "viewings on the scene and immediately after the commission of the crime” are similarly exempted.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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