People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered March 6, 1985, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence. This appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification evidence.

*466Ordered that the judgment is affirmed.

The defendant, who was incarcerated on unrelated charges, was positively identified from a photographic array by a witness to the robbery. Thereafter, the police obtained an ex parte…