People v. Whack

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered October 18, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

*561Ordered that the judgment is affirmed.

The hearing court’s determination that there was an independent source for the prospective in-court identification testimony, notwithstanding the suppression of the unduly suggestive out-of-court…