Opinion
Submitted October 13, 1970
Decided November 11, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN H. GALLOWAY, JR., J.
Joseph J. Buderwitz for appellant.
Carl A. Vergari, District Attorney ( James J. Duggan of counsel), for respondent.
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.