Opinion
December 31, 1997
Present — Pine, J. P., Hayes, Callahan, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree, defendant contends that County Court erred in denying his motion to suppress the identification testimony of three witnesses on the ground that the photo array was unduly suggestive. We reject that contention ( see, People v. Guthrie, 222 A.D.2d 1084, lv denied 87 N.Y.2d 973; see also, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). In any event, the People established an independent basis for the in-court identification of defendant ( see, People v. Rahming, 26 N.Y.2d 411, 417).
We conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, McCarthy, J. — Manslaughter, 1st Degree.)