Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of rape in the first degree (Penal Law § 130.35 [1]) and sodomy in the first degree (Penal Law § 130.50 [1]), defendant contends that the identification testimony of the complainant should have been suppressed because it was based upon a suggestive pretrial identification procedure. Defendant contends that the photo array was unduly suggestive because he was the only...
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