People v. Allen

Hancock, Jr., J. P., and Doerr, J. (dissenting).

We conclude that the instant conviction should be reversed and a new trial granted because the showup was impermissibly suggestive. Although the showups are not the preferred means of identification, they are “tolerable in the interest of prompt identification” (People v Love, 57 NY2d 1023, 1024). The instant showup did not occur at the scene of the crime nor soon after the event (People v Adams, 53 NY2d 241, 249). Rather, it was held the day after the incident and took place at an abandoned gas station where the victim had been driven, along…