People v. Mainella

Appeal from a judgment of Wyoming County Court (Dadd, J.), entered September 6, 2001, convicting defendant after a jury trial of burglary in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that the photo array was unduly suggestive and that County Court therefore erred in denying his suppression motion. We reject that contention. The eyewitness described the suspect as…