People v. Bolling

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered April 18, 1985, convicting him of robbery in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.

*623Ordered that the judgment is affirmed.

We have previously indicated in People v Malphurs (111 AD2d 266, 268) that we would view with great caution situations where, as here, a witness tentatively selects more than one photograph of persons resembling the perpetrator and, of the chosen photographs, only the defendant’s picture is repeated in a…