PEOPLE v. LIMA


2 A.D.3d 754 (2003)

768 N.Y.S.2d 647

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EINSTEIN LIMA, Appellant.

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

December 22, 2003.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress the complainant's identification testimony. The complainant spontaneously identified the defendant when he inadvertently discovered a photograph of the defendant which had been left inside a police detective's case folder, but had not been selected for inclusion in a photo array. This accidental viewing...

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