Opinion
December 8, 1992
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
During a concert at Madison Square Garden, the defendant and his accomplice tore a gold and diamond necklace from the complainant's neck. Both men were separately apprehended by private security personnel and identified by complainant. Shortly thereafter police officers arrived at the security office and arrested the pair.
The defendant's motion to suppress identification evidence was properly denied after a hearing. Complainant's identification of defendant was not made under police auspices (see, People v Adams, 53 N.Y.2d 241). We also note that it was not unduly suggestive. While the defendant argued misidentification, that issue was for the jury to determine, and we find no reason to disturb their determination. (See, People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932.)
Concur — Murphy, P.J., Rosenberger, Kassal and Rubin, JJ.