People v. Zambito

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered April 29, 1988, upon a verdict convicting defendant of the crimes of grand larceny in the third degree and petit larceny.

Defendant was charged with grand larceny in the third degree and petit larceny as the result of his theft of jewelry from display cases in two department stores. Convicted after trial, he appeals, contending, inter alia, that (1) the evidence was not legally sufficient to establish his guilt, (2) the photographic array identification procedure was unduly suggestive, warranting preclusion…