It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the third degree (Penal Law § 140.20) and criminal mischief in the second degree (§ 145.10). We reject defendant's contention that the identification procedure was unduly suggestive. "Where, as here, the defendant and the witness[ ] are known to each...
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