People v. Ervin

Judgment, Supreme Court, New York County (Bruce Allen, J., at hearing; Ronald Zweibel, J., at plea and sentence), rendered November 1, 2002, convicting defendant of burglary in the first and second degrees, and sentencing him to an aggregate term of eight years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony and statements. In both the photo array and the lineup, all the participants matched the description *317provided by the victim, and there was no readily apparent difference between defendant’s appearance and that of the other persons…