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PEOPLE v. BARNES

2005-05070.

2008 NY Slip Op 06458

THE PEOPLE, ETC., respondent, v. WILMER BARNES, appellant.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and John F. McGoldrick of counsel), for respondent.

Murray E. Singer, Great Neck, N.Y., for appellant.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, JOSEPH COVELLO, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

There is no merit to the defendant's contention that the hearing court improperly denied that branch of his omnibus motion which was to suppress identification testimony on the ground that it was tainted by a suggestive photographic identification procedure. The hearing court's conclusion that the witness's prior familiarity with the defendant was such that he was impervious to police suggestion...

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