People v. Burnett

— Appeal by defendant from a judgment of the County Court, Nassau County, rendered May 7, 1980, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Notwithstanding that evidence of a line-up was suppressed because of the suggestive procedure employed, it was not error to permit in-court identifications to be made. A sufficient basis existed in both the complainant’s and a second witness’ observations of the defendant during and immediately after the crime. The question whether a sufficient basis was established is a factual one, and…