People v. Staccio

—Appeal from a judgment of the *756County Court of Ulster County (Vogt, J.), rendered November 13, 1990, upon a verdict convicting defendant of two counts of the crime of robbery in the second degree.

Defendant contends on appeal that procedures used to identify him were unduly suggestive and require reversal. We disagree. Our examination of the photographic array reveals that there was a sufficient degree of resemblance among the participants to avoid undue suggestiveness (see, People v Butts, 154 AD2d 729, lv denied 75 NY2d 867). The fact that the victim had previously tentatively identified…