People v. Perez

Rosenberger and Rubin, JJ.,

dissent in a memorandum by Rubin, J., as follows: I do not agree that special circumstances warranting an expanded instruction regarding the evaluation of identification evidence are absent in this case. The darkened condition of the room where the robbery took place, complainant’s abuse of alcohol illustrated by his apparently inebriated condition in the courtroom, his admitted practice of drinking before retiring for the night, the time of the attack (approximately 12:30 a.m.) and its perpetration in a residential counselling facility serving persons with mental…