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PEOPLE v. ROLSTON

109 A.D.2d 854 (1985)

The People of the State of New York, Respondent, v. Michael Rolston, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 18, 1985

Judgment affirmed.

Defendant contends, inter alia, that the initial photographic identification by the complainant was unduly suggestive and prejudicial and conducive to misidentification. We note that identification was not even at issue in the instant case; defense counsel explicitly conceded that point at trial and rested his case entirely on the claim of consent. In any case, the use of an array of six photographs...

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