People v. Fomby

—Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered December 3, 1999, convicting defendant after a jury trial of robbery in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [b]). We reject defendant’s contention that the pretrial identification procedure was unduly suggestive. The photo array, which was shown to each witness…