People v. Kubat

JUSTICE SIMON,

also dissenting:

I join in the dissent of Justice Goldenhersh. I also concur with Justice Clark’s well-reasoned dissatisfaction with the faulty instruction and the photographic-identification procedures. For the reasons so logically and convincingly advanced by Justice Goldenhersh, my view is that the conviction cannot stand. It should be reversed, and the defendant should receive a new trial.