People v. Alston

New York Court of Appeals

People v. Alston

265 N.E.2d 256, 27 N.Y.2d 822, 316 N.Y.S.2d 433, 1970 N.Y. LEXIS 1029

DecidedNovember 11, 1970

StatusPublished

This text of 265 N.E.2d 256 (People v. Alston) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alston, 265 N.E.2d 256, 27 N.Y.2d 822, 316 N.Y.S.2d 433, 1970 N.Y. LEXIS 1029 (N.Y. 1970).

Pincite

Opinion

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.

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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.

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Bluebook (online)

265 N.E.2d 256, 27 N.Y.2d 822, 316 N.Y.S.2d 433, 1970 N.Y. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alston-ny-1970.