Opinion
Argued May 31, 1972
Decided July 7, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD DUBIN, J.
Abraham Werfel for appellant.
Thomas J. Mackell, District Attorney ( Thomas A. Duffy, Jr. of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse and grant a new trial upon the ground that the in-court identification by the complaining witness was irreparably tainted, as a matter of law, by the two highly suggestive and prejudicial "show-ups" to which the appellant was subjected prior to the trial. (See, e.g., United States v. Wade, 388 U.S. 218, 240; People v. Hanley, 27 N.Y.2d 648; People v. Hill, 22 N.Y.2d 686; People v. Mobley, 29 A.D.2d 775.)