Opinion
March 24, 1992
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
The police detective's lineup identification of defendant was not tainted by her previous identification of a photograph of defendant taped on a blackboard in the room where she was assigned to work, since the photograph had not been presented to her for the purpose of identifying defendant as the perpetrator of a crime (see, People v Gissendanner, 48 N.Y.2d 543, 552). Rather, the detective's identification of defendant's photograph was a spontaneous recognition of a man she had observed participating in an undercover drug purchase only days before. Such chance viewings are not the product of any suggestive or improper police conduct (see, People v Casanova, 124 A.D.2d 813).
Concur — Milonas, J.P., Rosenberger, Kupferman, Ross and Smith, JJ.