[DOWNLOAD] "People State New York v. Harold S. Jones" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Harold S. Jones
- Author : Supreme Court of New York
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant was convicted of an attempted robbery of a grocery store. The testimony given at the Wade hearing established that
defendant was arrested by the police several blocks from the scene of the crime after an almost continuous pursuit which began
at the scene. Defendant and an accomplice were brought directly back to the store by the police within 25 or 30 minutes after
the commission of the crime, where the owner identified defendant as one of the culprits. In our opinion, the procedure employed
was fair and did not result in a deprivation of due process (People v. Logan, 25 N.Y.2d 184; People v. Dow, 34 A.D.2d 224;
People v. Pickett, 31 A.D.2d 1007; People v. Moore, 23 N.Y.2d 816). We are further of the opinion that under these circumstances
the failure to afford defendant the assistance of counsel at this pretrial confrontation did not run afoul of the requirements
set forth in United States v. Wade (388 U.S. 218) and Gilbert v. California (388 U.S. 263). (See Russell v. United States,
408 F. 2d 1280; Solomon v. United States, 408 F. 2d 1306.) The in-court identification as well as testimony as to the pretrial
identification was therefore properly admitted into evidence. We have considered and rejected defendant's other claims of
error. Disposition Judgment affirmed.