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PEOPLE v. MATA

2016-07909. Ind. No. 1351/15.

174 A.D.3d 647 (2019)

101 N.Y.S.3d 908

2019 NY Slip Op 05567

The People of the State of New York, Respondent, v. Brandon Mata, Appellant.

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

Decided July 10, 2019.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the photographic array from which a complaining witness identified the defendant was not unduly suggestive. In determining whether a photographic array was unduly suggestive, the hearing court should consider whether there was any substantial likelihood that the defendant would be "singled out for identification" (People v Chipp, 75 N.Y.2d 327

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