The People v. Darren Staton

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant Darren Staton appeals from an order of the Appellate Division, which affirmed Supreme Court’s judgment and brings up for review denial of defendant’s motion to suppress identification testimony and his subsequent conviction. Defendant argues that the pretrial photo array that led to his arrest was unduly suggestive because he appeared older than the fillers and was the only participant with salt-and-pepper hair. The Appellate Division’s finding that the array was not unduly suggestive is supported…