Opinion
November 15, 1989
Appeal from the Monroe County Court, Wisner, J.
Present — Dillon, P.J., Denman, Boomer, Green and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court properly permitted the People's expert to testify that defendant's act of placing a utility belt around the victim's neck could have had the effect of causing her death since that testimony was probative of the attempted murder charge. The court's finding that the pretrial identifications were not the product of impermissibly suggestive police procedures is entitled to great weight and is supported by the record (see, People v Prochilo, 41 N.Y.2d 759, 761; People v Sheirod, 124 A.D.2d 14, 19, lv denied 70 N.Y.2d 656). The arrest warrant was valid and properly executed in an adjoining county (CPL 120.70 [a]) and the evidence was properly seized from defendant incidental to the arrest (see, People v Smith, 59 N.Y.2d 454, 457-458; People v Marsh, 20 N.Y.2d 98, 102). There was no Payton violation (see, Payton v New York, 445 U.S. 573) because the police entry was pursuant to a valid arrest warrant and with the consent of the owner of the residence. We have considered defendant's remaining claims and find each one lacking in merit.