People v. Rogers

¶1dissent and vote to affirm in the following memorandum by Herlihy, J. Herlihy, J. (dissenting). The majority concede that the prior photograph selection process was proper and thus supports the trial court’s finding that an in-court identification could be made. Under such circumstances, the showup, while not justified, is mere surplusage and would not be required to sustain the defendant’s conviction if the matter was tried. The judgment should be affirmed.