People v. Durham

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered July 25, 1995, convicting defendant upon his plea of guilty of the crime of petit larceny.

In entering his plea of guilty to one count of petit larceny, defendant admitted that on April 3, 1994 he cashed a stolen check at a supermarket located in the Town of Greenwich, Washington County. On appeal defendant contends that County Court erred in refusing to suppress the in-court identification of him made by the store clerk who cashed the check. We disagree.

Even accepting that a prior photo identification was…