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PEOPLE v. HOWARD

209 A.D.2d 1014 (1994)

619 N.Y.S.2d 993

The People of the State of New York, Respondent, v. Clifford Howard, Appellant

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

November 16, 1994

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment, following a nonjury trial, convicting him of one count of murder in the second degree. We conclude that the pretrial photo array identification was not unduly suggestive. Even if the array were suggestive, there was a sufficient independent basis for the witness's in-court identification of defendant (see, People v Callace

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