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PEOPLE v. ALSTON

27 N.Y.2d 822 (1970)

The People of the State of New York, Respondent, v. John S. Alston, Appellant.

Court of Appeals of the State of New York.

Decided November 11, 1970.

Attorney(s) appearing for the Case

Joseph J. Buderwitz for appellant.

Carl A. Vergari, District Attorney (James J. Duggan of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Judgment modified by remitting case to County Court, Westchester County, for a hearing on the issue of in-court identification of defendant, and, as so modified, affirmed. The showup procedure employed by police was suggestive and a hearing should be held to determine whether the in-court identification has independent basis (People v. Hanley, 27 N.Y.2d 648; People v. Ballott, 20 N.Y.2d 600

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