From Casetext: Smarter Legal Research

People v. Cofield

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 395 (N.Y. App. Div. 1999)

Opinion

April 5, 1999

Appeal from the Supreme Court, Queens County (Roman, J.).


Ordered that the judgment is, reversed, on the law, and a new trial is ordered, to be preceded by an independent source hearing.

After remittitur of this case for a hearing on the issue of whether the defendant waived his right to counsel at a lineup at which the defendant appeared pursuant to a court order, the Supreme Court found, and the People concede, that the defendant did not waive his right to have counsel present at the lineup. Accordingly, reversal is mandated (see, People v. Coleman, 43 N.Y.2d 222), and a new trial is ordered. An independent source hearing is to precede the new trial, as the only identification witness did not testify at the Wade hearing (see, People v. Smith, 221 A.D.2d 485).

In view of the foregoing, we need not reach the defendant's remaining contentions.

S. Miller, J. P., Ritter, Altman and McGinity, JJ., concur.


Summaries of

People v. Cofield

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 395 (N.Y. App. Div. 1999)
Case details for

People v. Cofield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY COFIELD…

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

Date published: Apr 5, 1999

Citations

260 A.D.2d 395 (N.Y. App. Div. 1999)
688 N.Y.S.2d 188

Citing Cases

People v. Garnes

f counsel, and after the right to counsel had indelibly attached, the Supreme Court should have suppressed…

People v. Garnes

counsel, and after the right to counsel had indelibly attached, the Supreme Court should have suppressed the…