People v. Pendelton

I concur in the result, but I found my decision on a legal basis different from that utilized by my brothers. I believe that their application of subdivision 5 of the People v Anderson guidelines was inappropriate.1 The test applied to this case was guideline number 5 of the Anderson pretrial identification rules:

"on appeal, if the court finds that the evidence was erroneously admitted under the above standards, the court must reverse the conviction and order a new trial unless it is able to declare beyond a reasonable doubt that the in-court identification did not affect the verdict.”2

This…