People v. Herner

Judgment unanimously affirmed. Memorandum: Defendant argues that the prosecutor’s showing the complainant a photograph of an earlier lineup during preparation of her trial testimony was an identification procedure for which a CPL 710.30 notice was required and that the failure of the prosecutor to provide such a notice required suppression of the complainant’s in-court identification. We disagree. When the trial court was informed that such a procedure had been used, it re-opened the Wade hearing (see, United States v Wade, 388 US 218). At that hearing, the complainant testified that the…