Opinion
May 23, 1986
Appeal from the Monroe County Court, Mark, J.
Present — Callahan, J.P., Doerr, Denman, Boomer and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Regardless of whether the police procedures were unduly suggestive, as defendant argues, we make our own findings, based on the victim's testimony at the Wade hearing, that there was clear and convincing evidence of an independent basis for her in-court identification of defendant (see, People v Hall, 81 A.D.2d 644). The victim spent 2 1/2 daylight hours with defendant and his face was visible. The victim gave a complete physical description of defendant to the police. We find this sufficient to constitute an independent basis (see, People v Thompson, 97 A.D.2d 554). We have examined defendant's remaining arguments on appeal, and find them to be without merit.