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PEOPLE v. DECKER

134 A.D.2d 511 (1987)

The People of the State of New York, Respondent, v. Alan R. Decker, Appellant

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

November 23, 1987

Ordered that the judgment is affirmed.

We reject the defendant's contention that a witness's out-of-court identification of him should have been suppressed since it was made under unduly suggestive circumstances. We initially observe that the pretrial encounter was not a "police-arranged confrontation * * * between [the] defendant and an eyewitness * * * for the purpose of establishing the identity of the criminal actor" (People v Gissendanner,

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