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People v. Williams

Appellate Division of the Supreme Court of New York, First Department
May 2, 1996
227 A.D.2d 134 (N.Y. App. Div. 1996)

Opinion

May 2, 1996

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Defendant was not denied his right to counsel even though at the moment of viewing by each of two witnesses, his attorney was not allowed into a viewing room that was too small to accommodate anyone other than the witness and the officer conducting the lineup. Defendant's attorney was effectively permitted to perform the functions of counsel where he approved the lineup and the placing of the defendant and where the witnesses, in his presence, were told not to speak until outside the viewing room and in his presence, and, standing right outside the viewing room, the door to which was left partially open, he would be able to hear if anything was said ( compare, People v. Andriani, 67 A.D.2d 20, 23; People v. Drummond, 134 A.D.2d 276). Furthermore, the record does not contain any objection by counsel at the lineup that he could hear or see into the viewing room. Moreover, aside from the lineup evidence, other proof of defendant's identity was overwhelming ( see, People v. Adams, 53 N.Y.2d 241, 252).

Concur — Sullivan, J.P., Ellerin, Rubin, Ross and Nardelli, JJ.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
May 2, 1996
227 A.D.2d 134 (N.Y. App. Div. 1996)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 2, 1996

Citations

227 A.D.2d 134 (N.Y. App. Div. 1996)
641 N.Y.S.2d 306

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