Opinion
June 4, 1985
Appeal from the Monroe County Court, Barr, J.
Present — Dillon, P.J., Boomer, Green, Pine and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The victim's in-court identification of defendant was reliable, satisfied the required standards and was not tainted by his failure to identify defendant's picture out of a photo array. Although defendant suffered from depression and was suicidal and had been hospitalized prior to trial because of these problems, there is no basis in this record to question his competence to stand trial (see, People v. Armlin, 37 N.Y.2d 167, 171; People v. Colville, 74 A.D.2d 928). Finally, assuming that the People's witness Manillo was an accomplice, his testimony was cumulative and was corroborated by the victim and police (see, People v. Pelc, 101 A.D.2d 995).