People v. Bostic

*1074Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following his plea of guilty, of attempted burglary in the second and third degrees. Defendant contends that the photo array shown to a witness was unduly suggestive. We are unable to address that contention because the record on appeal does not contain all of the photos that were introduced at the Wade hearing. We urge prosecutors to maintain photo arrays for the record on appeal to avoid the remittitur of matters for reconstruction of photo arrays (see, People v Herndon, 216 AD2d 917). Nevertheless,…