People v. Davis

Judgment unanimously affirmed. Memorandum: After reviewing the record of the Wade hearing and examining the photo array in question, we conclude that there is no merit to defendant’s claim that the photographic array was unduly suggestive. Although only 3 of the 6 photographs in the array were of men wearing glasses, the record is clear that the victim was unsure whether the man who attempted to rob him wore glasses, although it was a possibility. The photo array depicts six males all about the same age with similar facial features and was not so suggestive that the witnesses’ attention was…