Opinion
June 20, 1988
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Ordered that the judgment is affirmed.
Despite the unavailability of the photograph of his lineup, we find, contrary to the defendant's contention, that there is an adequate record upon which to review his challenge to the "fairness" of the lineup procedure. Based upon the testimony of the detective who arranged the lineup and the testimony of the complaining witness, we conclude, as did the hearing court, that the lineup was in no way suggestive. In any event, we agree with the hearing court that the record contains sufficient facts to establish that the complainant possessed an independent basis upon which to predicate an in-court identification of the defendant. (See, People v Hall, 81 A.D.2d 644.) Bracken, J.P., Eiber, Kooper and Harwood, JJ., concur.