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People v. Pickett

418 N.E.2d 1319, 52 N.Y.2d 892, 437 N.Y.S.2d 301, 1981 N.Y. LEXIS 2137
CourtNew York Court of Appeals
DecidedJanuary 20, 1981
StatusPublished
Cited by6 cases

This text of 418 N.E.2d 1319 (People v. Pickett) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Pickett, 418 N.E.2d 1319, 52 N.Y.2d 892, 437 N.Y.S.2d 301, 1981 N.Y. LEXIS 2137 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that it was not constitutionally required that defendant be represented by counsel at the lineup, which was conducted at an investigatory, prearraignment stage in the proceedings (cf. People v Coleman, 43 NY2d 222). Although the record indicates that at the time this procedure took place defendant was in custody on an unrelated robbery offense, that fact does not acquire significance where, contrary to what was said in the opinion below, there is no assertion by the defendant, nor any indication in the record submitted that defendant was then represented by counsel on either charge.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Related

People v. Griffin
161 A.D.2d 799 (Appellate Division of the Supreme Court of New York, 1990)
People v. Whitaker
476 N.E.2d 294 (New York Court of Appeals, 1985)
People v. Colwell
103 A.D.2d 169 (Appellate Division of the Supreme Court of New York, 1984)
People v. Hawkins
435 N.E.2d 376 (New York Court of Appeals, 1982)
People v. Pruitt
112 Misc. 2d 914 (New York Supreme Court, 1982)
People v. Pittman
83 A.D.2d 870 (Appellate Division of the Supreme Court of New York, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
418 N.E.2d 1319, 52 N.Y.2d 892, 437 N.Y.S.2d 301, 1981 N.Y. LEXIS 2137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pickett-ny-1981.