People v. Dunnigan

Judgment unanimously affirmed. Memorandum: Defendant contends that the court erred in summarily denying his motion to suppress the identification testimony of one of the victims, Robert Nuchereno, because the bank security investigator who showed the photographs of defendant to Nuchereno was acting as a police agent. We disagree. The investigator acted on his own both in preparing the photographs taken from the surveillance machines and in making arrangements to show those photographs to Nuchereno. There was no police involvement or participation in showing the photographs to the victim. None…