Opinion
March 5, 1992
Appeal from the Supreme Court, New York County (William J. Davis, J.).
We are in agreement with the suppression court that neither the photo array nor the lineup were unduly suggestive (People v Chipp, 75 N.Y.2d 327), and accordingly do not reach the People's argument that defendant waived his right to appeal the denial of his suppression motion.
Concur — Sullivan, J.P., Milonas, Kupferman, Asch and Smith, JJ.