Opinion
June 10, 1991
Appeal from the County Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that the hearing court erred in refusing to suppress the lineup identification testimony of the witnesses. The court's determination that the lineup was fair and nonsuggestive is supported by the record, and we see no basis for disturbing that determination (see, People v Prochilo, 41 N.Y.2d 759; People v Gairy, 116 A.D.2d 733). The fact that the lineup contained more than one perpetrator did not render the identification improper (see, People v Cicero, 119 A.D.2d 687; see also, People v Garcia, 153 A.D.2d 951).
We further find that the photographs of the dead victim were properly admitted into evidence, since they were introduced on the issue of intent, and not for the sole purpose of arousing the emotions of the jury (see, People v Pobliner, 32 N.Y.2d 356, 369-370, cert denied 416 U.S. 905; People v Stroh, 111 A.D.2d 196).
We have examined the defendant's remaining contentions and find them to be either without merit, or, to the extent that any error may have occurred, harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Roopchand, 65 N.Y.2d 837; People v Crimmins, 36 N.Y.2d 230). Mangano, P.J., Kooper, Harwood and Balletta, JJ., concur.