Opinion
December 20, 1989
Appeal from the Erie County Court, D'Amico, J.
Present — Callahan, J.P., Boomer, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the suppression court erred in denying his motion to suppress his pretrial identification. From our review of the record, we conclude that the suppression court correctly found that the pretrial identification procedure was not impermissibly suggestive (see, Simmons v United States, 390 U.S. 377, 384-386; People v Emmons, 123 A.D.2d 475, 476, lv denied 69 N.Y.2d 827).
We have reviewed defendant's remaining contentions and find them to be without merit.