Opinion
February 7, 1994
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court properly concluded that there was a source for the in-court identification of the defendant by the undercover detective independent of a suggestive photographic identification (see, Gilbert v California, 388 U.S. 263, 272; People v. Lupo, 179 A.D.2d 683). Viewing the evidence adduced at the trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are without merit. Mangano, P.J., Balletta, Friedmann and Florio, JJ., concur.