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PEOPLE v. MARTIN

245 A.D.2d 308 (1997)

667 N.Y.S.2d 265

The People of the State of New York, Respondent, v. David M. Martin, Appellant

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

December 1, 1997

Ordered that the judgment is affirmed.

The defendant contends that the testimony of the photographic identification should have been suppressed as unduly suggestive, since the background of his photograph was much lighter than the other photographs in the array. This contention is without merit since it cannot be said that this difference tainted the photographic array (see, People v Guzman, 220 A.D.2d 614, 615;

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