People v. Cobb

—Judgment, Supreme Court, New York County (David Saxe, J., at hearing; Renee White, J., at nonjury trial and sentence), rendered October 6, 1998, convicting defendant of burglary in the first degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied. The fact that the witness selected defendant’s picture from a photo array shortly before the lineup did not render the otherwise fair lineup unduly suggestive (see, People v Brown, 161 AD2d 721, lv denied 76 NY2d…