People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SMITH, Appellant

Court: Court of Appeals of the State of New York

Date published: Feb 12, 1976

346 N.E.2d 546 (N.Y. 1976)

346 N.E.2d 546

382 N.Y.S.2d 745

Opinion

Argued January 9, 1976

Decided February 12, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED M. ASCIONE, J.

Amy Rothstein and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Gerald M. Labush and Robert M. Pitler of counsel), for respondent.

MEMORANDUM.

We affirm on the memorandum at the Appellate Division ( 46 A.D.2d 639) and would note, as we did in People v Blake ( 35 N.Y.2d 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.