Opinion
June 22, 1987
Appeal from the Supreme Court, Westchester County (McMahon, J.).
Ordered that the judgment is affirmed.
The record supports the hearing court's determination that the photographic array utilized by the police was not composed or presented in a suggestive manner (People v Burwell, 26 N.Y.2d 331; People v Edwards, 115 A.D.2d 657; People v Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v Rodriguez, 64 N.Y.2d 738; People v Andersen, 118 A.D.2d 716). The record also supports the alternate determination by the hearing court that the witnesses' recollection of the persons who committed the robbery had a source independent of any photographic procedure (see, People v Adams, 53 N.Y.2d 241; People v Papile, 113 A.D.2d 776, lv denied 66 N.Y.2d 921). Mangano, J.P., Spatt, Niehoff and Harwood, JJ., concur.