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PEOPLE v. COBB

294 A.D.2d 199 (2002)

743 N.Y.S.2d 77

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL COBB, Appellant.

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

Decided May 16, 2002.

Defendant's motion to suppress identification testimony was properly denied. The fact that the witness selected defendant's picture from a photo array shortly before the lineup did not render the otherwise fair lineup unduly suggestive (see, People v Brown, 161 A.D.2d 721, lv denied 76 N.Y.2d 853). Any negative inference which might have arisen from the failure of the police to preserve 20 of the 28 photographs, after converting...

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