People v. James

*729Dillon, J.P.,

dissents, and votes to affirm the judgment appealed from, with the following memorandum: I respectfully dissent from my colleagues with respect to the admissibility of the showup identification of the defendant, and vote to affirm the defendant’s judgment of conviction.

The facts on appeal are not in dispute. On July 30, 2010, the complainant met a young man at the front stoop of a friend’s home in the City of Newburgh, and hung out with him and two other friends for approximately one hour. When the complainant announced that she was going home, the young man asked if he could…