Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the photographic identification procedure employed here was not unduly suggestive. "There is no requirement that the defendant be surrounded by individuals nearly identical to him in appearance...
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