Calendar No. 863, Docket 83-1356 | 2d Cir. | May 16, 1984
Order On Petition For Rehearing
We wish to make it clear in respect to that portion of our opinion relating to in-court procedures for identification that special procedures are necessary only where (1) identification is a contested issue; (2) the defendant has moved in a timely manner prior to trial for a lineup; and (3) despite that defense request, the witness has not had an opportunity to view a fair out-of-court lineup prior to his trial testimony or ruling on the fairness of the out-of-court lineup has been reserved. Subject to this modification of the opinion, 734 F.2d 938" date_filed="1984-05-16" court="2d Cir." case_name="United States v. Robert Archibald">734 F.2d 938, the petition for rehearing is denied.