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PEOPLE v. SPIGNER

202 A.D.2d 331 (1994)

609 N.Y.S.2d 593

The People of the State of New York, Respondent, v. Robert Spigner, Appellant

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

March 22, 1994

The trial court properly allowed the in-court identification of defendant by a store clerk, notwithstanding her inability on two prior occasions to pick his picture out of a photo array. The prior inability to identify defendant related to the weight, and not admissibility, of the identification (see, People v Cruz, 167 A.D.2d 306, lv denied 77 N.Y.2d 959). The photo array and lineup procedures were not unduly suggestive...

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