Commonwealth v. Venios

. Braucher, J.

We are to decide whether an in-court identification of the defendant should have been suppressed because a prior photographic identification was unnecessarily suggestive. The judge allowed the in-court identification, and the Appeals Court affirmed the defendant’s conviction. Commonwealth v. Bernard, 6 Mass. App. Ct. 499 (1978). That court relied on Manson v. Brathwaite, 432 U.S. 98, 114 (1977), and Neil v. Biggers, 409 U.S. 188, 199 (1972), for the principle that the identifica tion could be permitted "so long as the court finds that in the totality of the circumstances the…