People v. Lawley

QUEENS COUNTY
Criminal Practice

New York Law Journal

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Justice Ira Margulis

Lawley, charged with robbery and assault, moved to suppress statements and his identification. A combined Huntley/Dunaway/Wade hearing was held, and suppression was denied. It was alleged a student was robbed and beaten, and Lawley was identified from a student handbook used by school officials, containing all the school's students. The complainant was given the book by the assistant principal and picked out defendant. Lawley appeared at the precinct with his father and aunt, and Lawley indicated he wanted to make a written statement. After being read his Miranda rights, Lawley declined to answer any questions but agreed to make a written statement. The court noted as the assistant principal handed complainant the book in which complainant identified Lawley, the identification was not police arranged. Also, the nature of the photos in the book and the fact complainant was accosted less than one hour before viewing the book did not render his identification so unreliable that it may be suppressed. Further, as prosecutors showed Lawley was given proper Miranda warnings before making the written statement, and was always with his father and aunt, the court declined suppressing the statement or identification.

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