Judgment affirmed.
Although the photo array from which the complainant identified defendant was suggestive, suppression of her potential in-court identification testimony was not warranted since the People proved by clear and convincing evidence that there was ample opportunity for her to observe defendant during commission of the crime so as to provide a sufficient independent basis therefor (see People v Ballott,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
