Opinion
September 24, 1984
Appeal from the Supreme Court, Queens County (Groh, J.).
Judgment affirmed.
The People proved defendant's guilt beyond a reasonable doubt and excluded to a moral certainty every reasonable hypothesis other than guilt. The photograph of defendant provided to the police by the complainant was not properly the subject of a suppression motion because its production and the identification were not the result of a police-initiated identification procedure, but rather were the fruits of the independent activities of private citizens ( People v Logan, 25 N.Y.2d 184, 194; see, also, People v Laguer, 58 A.D.2d 610). In any event, there was more than an adequate independent basis upon which the eyewitness made the lineup identification. Mollen, P.J., Mangano, O'Connor and Lawrence, JJ., concur.