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PEOPLE v. JONES

2 N.Y.3d 235 (2004)

810 N.E.2d 415

778 N.Y.S.2d 133

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY JONES, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 2004.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Kerry Elgarten and Laura R. Johnson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Scott J. Splittgerber and Leonard Joblove of counsel), for respondent.

Judges G.B. Smith, Rosenblatt, Read and R.S. Smith concur with Judge Graffeo; Judge Ciparick dissents and votes to reverse in a separate opinion in which Chief Judge Kaye concurs.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this appeal is whether the State Constitution prohibits the introduction in evidence of eyewitness lineup identifications, where the lineup was conducted after police arrested defendant at his residence without a warrant or consent to enter, in violation of Payton v New York (445 U.S. 573 [1980]; see People v Levan,

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