People v. Herndon

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a forged instrument in the second degree (two counts), grand larceny in the third degree, and attempted grand larceny in the third degree. Defendant contends that the identification testimony should have been suppressed as the product of an unnecessarily suggestive photo array procedure; that his statements should have been suppressed as involuntary; that the indictment should have been dismissed in the interest of justice; and that the sentence is harsh and excessive.

On a prior…