People v. Rivera

Appeal from a judgment of the Supreme Court, Kings County, rendered May 23, 1966, convicting defendant of violation of the Public Health Law with respect to narcotic drugs, on four counts as a felony, and on two counts as a misdemeanor. Judgment affirmed. A claimed violation of due process in the conduct of a pretrial confrontation, for identification purposes, must depend upon “the totality of the circumstances surrounding it” (Stovall v. Denno, 388 U. S. 293, 302). Under the circumstances of this case, we conclude that the use of a “ show-up ” (having the witness secretly view only the very…