Opinion
June 5, 1989
Appeal from the County Court, Orange County (Patsalos, J.).
Ordered that the judgment is affirmed.
The defendant contends that it was error to allow the in-court identification of him as one of the assailants by any of the witnesses who had previously selected his picture from an unfair array. We disagree. The array was not impermissibly suggestive. Witnesses were shown numerous photographs prior to the selection of the defendant's photograph. In any event the witnesses had strong independent sources for their in-court identifications (see, Manson v. Brathwaite, 432 U.S. 98; People v. Rudan, 112 A.D.2d 255).
Furthermore, the identification testimony was unshaken and unimpeached despite extensive and skillful cross-examination and the jury was entitled to rely on it in reaching their verdict of guilt. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
We have examined the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Kunzeman and Balletta, JJ., concur.