New York Court of Appeals, 1990

People v. Thomas

New York Court of Appeals · Decided October 11, 1990 · Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur

76 N.Y.2d 902; 563 N.E.2d 280; 561 N.Y.S.2d 909; 1990 N.Y. LEXIS 3278

Cases that cite this one

10 later published cases cite this decision.

People v. Dorant (Appellate Division of the Supreme Court of New York 1994)
People v. Mitchell (N.Y. 2004)
People v. Kirk (Appellate Division of the Supreme Court of New York 2000)
People v. Griffiths (Appellate Division of the Supreme Court of New York 1999)
People v. Sime (Appellate Division of the Supreme Court of New York 1998)
People v. Wilson (Appellate Division of the Supreme Court of New York 1996)
People v. Leidinger (Appellate Division of the Supreme Court of New York 1993)
People v. Olmo (Appellate Division of the Supreme Court of New York 1991)
People v. Polimeni (New York County Courts 1991)
People v. LaClere (N.Y. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was in custody at Rikers Island on an unrelated charge on which he was represented by counsel. The prosecutor obtained an ex parte order directing defendant’s appearance in a lineup in this case (see, People v Coleman, 43 NY2d 222). There are undisturbed findings sufficient to support the conclusion that defendant requested the presence of his attorney at the lineup on two occasions — once while he was detained at the Kings County courthouse in connection with his arraignment on the unrelated charge, and then later after he was returned to Rikers Island. There is no evidence of any communication between defendant and counsel, or even that counsel was aware of defendant’s request. Under these circumstances, counsel’s statements and actions did not constitute a waiver of defendant’s right to have counsel at the lineup (see, People v Yut Wai Tom, 53 NY2d 44, 53-54).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.