People v. Zacharek

Judgment unanimously affirmed. Memorandum: The police did not engage in an impermissibly suggestive procedure when they showed a second array to the victim after she had selected from the first array a photograph other than that of defendant. Unlike the facts in People v Payne (149 AD2d 542), the police did not tell the victim that the person she had previously identified was not her assailant and they did not suggest to her that the second array contained a picture of the person they suspected had robbed her. Moreover, the suppression court properly found that the victim had an independent…