People v. Cody

Appeal by the defendant from a judgment of the County Court, Westchester County (Leggett, J.), rendered July 9, 1979, convicting him of attempted robbery in the first degree, upon his plea of guilty, 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.

We find that the photographic array was not impermissibly suggestive since the array of photographs depicted men sufficiently similar in appearance so that no characteristic or…