People v. Neverett

Judgment unanimously affirmed. Memorandum: The court properly determined that, although the victim’s identification of defendant at a station-house showup was unreliable (see, People v Riley, 70 NY2d 523), the victim had an independent basis to support his in-court identification at trial (see, People v Ballott, 20 NY2d 600; People v Turner [appeal No. 1], 154 AD2d 885). The proof was sufficient to support defendant’s conviction of attempted first degree robbery based on defendant’s use or threatened use of a dangerous instrument (see, Penal Law §§110.00,160.15 [3]). The victim testified that…