People v. Caban

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered March 14, 1986, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

An identification procedure violates due process if under the totality of the circumstances the procedure employed is so " 'impermissibly suggestive as to give rise to a substantial…