People v. Miller

Appeal from a judgment of the County Court of Albany County, rendered January 24, 1973, upon a verdict convicting defendant of the crime of robbery in the first degree. The only issue raised is whether the lower court properly concluded that the victim’s in-court identification of the defendant was not tainted by an unnecessarily suggestive pretrial showup and photographic identification. Artie Green, the proprietor of a liquor store, testified that the defendant and a companion entered his store and purchased a bottle of wine. They departed but returned shortly and asked for another bottle.…