Opinion
April 29, 1998
Appeal from Judgment of Monroe County Court, Marks, J. — Robbery, 1st Degree.
Present — Denman, P.J., Green, Wisner, Pigott, Jr., and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to suppress certain identification testimony on the ground that the photo array shown to the identifying witness was unduly suggestive. The fact that two of the 12 individuals whose photographs were shown to the identifying witness did not match the description of defendant does not render the photo array unduly suggestive (see, People v. Lee, 207 A.D.2d 953, 954, lv denied 85 N.Y.2d 864; see generally, People v. Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833).