People v. Guerea

In People v. Guerea, 78 M.2d 907 (Crim. Ct., Bx. Co. 1974), the court rejected defendant's request that the prosecution precede his lineup with a "blank" lineup which included only fillers: While there may be value in the use of the blank lineup in certain situations, this court feels the granting of this motion is not within the ambit of judicial discretion. While it is the function of this court to insure the defendant due process of law, this motion calls for approval of a procedure which goes beyond those procedures considered consistent with due process.... The defendant's due process rights will be guaranteed by the "Wade hearing" and the trial, where the issue of the validity of the identification will be fully tested. An expansion of rights beyond those constitutionally required is a function of the Legislature and not the courts. (Id. at 910.)