Opinion
June 2, 1986
Appeal from the Supreme Court, Kings County (Corriero, J.).
Judgment affirmed.
The defendant asserts that the evidence adduced at trial failed to establish his guilt beyond a reasonable doubt. Viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), we find it legally sufficient to support the defendant's conviction. We also reject the defendant's contention that the identification testimony of the two complaining eyewitnesses should have been suppressed. The hearing court properly determined that the identification of the defendant made by the witness Johnson was made by happenstance, was not the result of a procedure initiated by the police, and, hence, was not subject to suppression (see, People v. Medina, 111 A.D.2d 190, 191); the in-court identification made by the witness Lucas was similarly admissible on the ground that she had an independent basis to identify the defendant in court (see, People v. Adams, 53 N.Y.2d 241, 251).
We have examined the remainder of the defendant's contentions and have found them to be either unpreserved or without merit. Mangano, J.P., Gibbons, Niehoff and Spatt, JJ., concur.