People v. Smith

Appeal by the defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered November 6, 1986, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the hearing court properly concluded that neither the photographic array nor the pretrial lineup conducted at bar was unduly suggestive (see, People v Middleton, 128 AD2d 554, lv denied 69 NY2d 1007). Moreover, even if the identification procedures were found to be improper, such finding would not require the…