People v. Alston
New York Court of Appeals
People v. Alston, 27 N.Y.2d 822 (N.Y. 1970)
265 N.E.2d 256; 316 N.Y.S.2d 433; 1970 N.Y. LEXIS 1029
People v. Alston
Opinion of the Court
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; cf. People v. Rahming, 26 N Y 2d 411, 417).
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Reference
- Full Case Name
- The People of the State of New York v. John S. Alston
- Status
- Published