Opinion
January 26, 1987
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
We agree that an independent source existed for the complaining witness to make an in-court identification of the defendant (see, Manson v. Brathwaite, 432 U.S. 98; People v. Martin, 101 A.D.2d 869). The witness was able to observe the defendant intermittently during the course of the incident, which lasted approximately three minutes, and at one point was face to face with him. Her description was fairly detailed and included her observance of his "slanted" eyes, a description which has not been challenged as inaccurate. Thus, the People demonstrated by clear and convincing evidence that there existed an independent basis for an in-court identification (see, Manson v. Brathwaite, supra; People v. Martin, supra).
The defendant's remaining contentions are either unpreserved for our review or without merit. Bracken, J.P., Lawrence, Eiber and Spatt, JJ., concur.