Opinion
May 15, 1989
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. We further find that the identification testimony was properly admitted, as the identification procedure used was not unduly suggestive. In any event, the record fully supports the hearing court's determination that an independent source for the identification existed.
We have considered the defendant's remaining contentions and find them to be without merit. Kunzeman, J.P., Rubin, Spatt and Balletta, JJ., concur.