People v. Cooke

Judgment unanimously affirmed. Memorandum: On appeal from convictions after a jury trial for two counts of rape, first degree, and lesser offenses, defendant urges that the trial court should have suppressed the in-court identification testimony of one Vemell Brown because the photographic array shown to her before trial and admitted into evidence at the Wade hearing was not kept intact for viewing by this court and because Vemell Brown viewed the array in the presence of another potential witness. We disagree. The Wade court’s finding that there was an independent basis for Vernell’s…