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People v. Pickett

Court of Appeals of the State of New York
Jan 20, 1981
52 N.Y.2d 892 (N.Y. 1981)

Opinion

Argued December 17, 1980

Decided January 20, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRED W. EGGERT, J.

Kenneth G. Schwarz for appellant.

Mario Merola, District Attorney (Vida M. Alvy and Steven R. Kartagener of counsel), for respondent.


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 N.Y.2d 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.


Summaries of

People v. Pickett

Court of Appeals of the State of New York
Jan 20, 1981
52 N.Y.2d 892 (N.Y. 1981)
Case details for

People v. Pickett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY PICKETT…

Court:Court of Appeals of the State of New York

Date published: Jan 20, 1981

Citations

52 N.Y.2d 892 (N.Y. 1981)
437 N.Y.S.2d 301
418 N.E.2d 1319

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