People v. Hernandez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted upon a plea of guilty of attempted robbery in the first degree of-a grocery store. Two days after the robbery, three witnesses went to the station house to view drawers of photographs in an effort to identify the perpetrator. None selected any photograph and it was later established that defendant’s picture was not among the photographs viewed by the witnesses.

Approximately three months later, one of the witnesses, Rodriguez, went to the station house claiming that, while at a…