PEOPLE v. HAWKINS


55 N.Y.2d 474 (1982)

The People of the State of New York, Respondent, v. Freddie Hawkins, Also Known as Fred Hawkins, Appellant. The People of the State of New York, Respondent, v. Hector Laffosse, Appellant. The People of the State of New York, Respondent, v. Frederick Johnson, Appellant. The People of the State of New York, Respondent, v. Ismael Diaz, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1982.


Attorney(s) appearing for the Case

Brent K. Olsson and William E. Hellerstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Joyce P. Adolfsen and Robert M. Pitler of counsel), for respondent in the first above-entitled action.

Eric A. Seiff for appellant in the second above-entitled action.

Mario Merola, District Attorney (Kevin B. Hurley and Steven R. Kartagener of counsel), for respondent in the second above-entitled action.

Shirley Werner and William E. Hellerstein for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney (David H. Steiner and Robert M. Pitler of counsel), for respondent in the third above-entitled action.

G. Clark Cummings for appellant in the fourth above-entitled action.

Mario Merola, District Attorney (Robin Dolsky and David H. Fromm of counsel), for respondent in the fourth above-entitled action.

Chief Judge COOKE and Judges JASEN and WACHTLER concur with Judge GABRIELLI; Judge MEYER dissents and votes to reverse in a separate opinion in which Judges JONES and FUCHSBERG concur.


GABRIELLI, J.

These four appeals present the common question whether a suspect has a right to counsel at an investigatory lineup. In each case, we are urged by the defendant to interpret our State Constitution as providing this right at lineups conducted before the commencement of formal adversarial proceedings against a defendant.

I

In People v Laffosse, the defendant was convicted of...

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