PEOPLE v. ALSTON

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.