It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that the photo array was unduly suggestive and that County Court therefore erred in denying his suppression motion. We reject that contention. The eyewitness described the suspect as wearing a black...
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