People v. Rolston

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered March 30, 1981, convicting him of rape in the first degree, sexual abuse in the first degree (two counts), unlawful imprisonment in the first degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant contends, inter alia, that the initial photographic identification by the complainant was unduly suggestive and prejudicial and conducive to misidentification. We note that identification was not even at issue in the…