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People v. Whitmore

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1968
30 A.D.2d 877 (N.Y. App. Div. 1968)

Opinion

July 22, 1968


Appeal (1) from a judgment of the Supreme Court, Kings County, rendered June 8, 1967, convicting defendant of attempted rape in the first degree and of assault in the second degree, upon a jury verdict after a third trial, and imposing sentence and (2) from so much of an undated order of said court, made upon a decision rendered May 8, 1967, as denied defendant's motion to suppress evidence of identification allegedly obtained in violation of his constitutional rights. Case remitted to the trial court for a hearing as to whether the victim-witness' in-court identification was tainted by the improper show-up ( People v. Hill, 22 N.Y.2d 686). In the interim the appeal will be held in abeyance. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.


Summaries of

People v. Whitmore

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1968
30 A.D.2d 877 (N.Y. App. Div. 1968)
Case details for

People v. Whitmore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE WHITMORE, JR.…

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

Date published: Jul 22, 1968

Citations

30 A.D.2d 877 (N.Y. App. Div. 1968)

Citing Cases

People v. Whitmore

July 27, 1970 Upon a previous decision of this court ( People v. Whitmore, 30 A.D.2d 877) this case was…

United States ex Rel. Whitmore v. Malcolm

The Appellate Division remanded the matter to the trial court for a hearing to determine whether the…