People v. Bates

—Judgment unanimously affirmed. Memorandum: County Court properly permitted complainant to identify defendant in court. The record supports the court’s conclusion that, although the photo array shown to complainant was unduly suggestive, he had an independent basis for his in-court identification of defendant (see, People v Bostic, 222 AD2d 1073, 1074, lv denied 88 NY2d 876; People v Greer, 173 AD2d 557, 557-558, lv denied 78 NY2d 1011). The court also properly permitted defendant to proceed pro se at trial. “Defendant unequivocally exercised his right to self-representation, his waiver of…