Opinion
April 19, 1993
Appeal from the County Court, Nassau County (Delin, J.).
Ordered that the judgment is affirmed.
We agree with the hearing court's determination that the pretrial identification procedure used by the police in this case was not unduly suggestive. Moreover, we find that there is ample evidence in the record to support the hearing court's alternative determination that the witness had an independent basis for making an in-court identification of the defendant. Accordingly, the defendant's motion to suppress the identification testimony was properly denied (see, People v Santiago, 163 A.D.2d 539).
Further, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Mangano, P.J., Bracken, Sullivan and Lawrence, JJ., concur.