[Download] "People State New York v. Clarence Sims" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Clarence Sims
- Author : Supreme Court of New York
- Release Date : January 13, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[55 A.D.2d 629 Page 629] In the opinion of this court, this is one of those rare cases in which the caliber of representation was so inadequate and ineffective as to have deprived defendant of his right to a fair trial (see People v Droz, 39 N.Y.2d 457; People v LaBree, 34 N.Y.2d 257; People v Bennett, 29 N.Y.2d 462). In assigned counsel's own estimation, the prosecution's case depended solely upon the question of identification. He was further aware that there had been a pretrial identification procedure conducted at the precinct. It was therefore inexcusable (1) to neglect to file a timely motion to suppress the identification testimony in expectation that defendant would accept a plea, (2) to have asked for and been granted leave to conduct a suppression hearing on the eve of trial, without the preparation of motion papers, and then to forego that opportunity, and (3) to [55 A.D.2d 629 Page 630]