Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Flynn, J.
Present — Callahan, J.P., Denman, Boomer, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: By eliciting evidence concerning the photographic array and creating an inference that the array led to a mistaken identification of defendant, defense counsel opened the door to the prosecution's evidence explaining the circumstances of the viewing (see, People v McCullars, 89 A.D.2d 669; see also, People v Bolden, 58 N.Y.2d 741; People v Patterson, 88 A.D.2d 694, affd 59 N.Y.2d 794).
We have examined defendant's other contentions and we find them without merit.