Opinion
June 13, 1996
Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).
Accepting the hearing court's findings of credibility ( see, People v. Prochilo, 41 N.Y.2d 759, 761), defendant has failed to carry his burden of demonstrating ( see, People v. Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833) that the first officer's stationhouse identification of him, while he was unrestrained and not at that point a suspect, was somehow prompted or other than inadvertent, and therefore suppressible as a suggestive police identification procedure ( see, People v. Acosta, 181 A.D.2d 577, lv denied 79 N.Y.2d 1045; People v. Sanders, 176 A.D.2d 477, lv denied 79 N.Y.2d 831). In any event, the subsequent lineup identification by another officer was valid regardless of the validity of the first identification ( People v. Washington, 160 A.D.2d 205, lv denied 76 N.Y.2d 798, 992), and there was ample independent source for the in-court identifications by both officers. We have considered defendant's other claims and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Nardelli and Tom, JJ.