People v. Jerold

Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress the identification testimony of the victim’s wife. The People met their initial burden of establishing that the conduct of the police was reasonable and that the photo array was not unduly suggestive, and defendant failed to meet his “ultimate burden of proving that the procedure was unduly suggestive” (People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833; see, People v Lee, 207 AD2d 953, lv denied 85 NY2d 864). “[G]iven that defendant had already been identified” by the witness, the…