Opinion
March 23, 1995
Appeal from the Supreme Court, New York County (Richard Failla, J.).
The precinct viewing by the victim after he pointed the defendant and his accomplices out to the police did not constitute an identification procedure, since it was held solely for the victim to explain the role played by each of the four suspects during the robbery. In any event, if it were an identification, it either confirmed the earlier on-the-scene identification (People v. Serrano, 207 A.D.2d 676), or was based upon previous encounters among the parties wherein defendant and his accomplices verbally and physically harassed the victim over a period of "months" during his frequent visits to the home of his fiancee and children (People v. Rodriguez, 79 N.Y.2d 445).
We have considered defendant's remaining contention and find it to be without merit.
Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Tom, JJ.