People v. Brown

Memorandum. The order of the Appellate Division should be affirmed. The transit railroad station identification was unexceptionable because justified by the need to have cause to take defendant into custody. In view of the victim’s previous acquaintance with defendant’s appearance and her opportunity to identify defendant during the commission of the crime, the identification hearing court was warranted in finding a sufficient independent basis for the victim’s in-court identification of defendant.

The prosecution’s summation and the court’s charge were unfortunate in permitting the jury at…