Opinion
December 1, 1986
Appeal from the Supreme Court, Queens County (Agresta, J.).
Ordered that the judgment is affirmed.
The defendant's argument that the pretrial lineup identification of him by the eyewitness to the crime was tainted because his photograph appeared in an article on the incident published in the New York Post prior to the lineup is without merit. The eyewitness did not see the newspaper article and photograph, and there is nothing in the present record to indicate that the photograph published in the newspaper was supplied by law enforcement officials (see, People v. Marshall, 91 A.D.2d 643). The defendant's contention that remarks made by the prosecutor during his summation denied him a fair trial is also without merit (see, People v. Mayrant, 109 A.D.2d 850). We have considered the defendant's other contention and find it to be without merit. Thompson, J.P., Niehoff, Rubin and Eiber, JJ., concur.