People v. Small

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J„), rendered April 27, 2010, convicting him of robbery in the third degree and petit larceny, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in determining that there was an independent source for the victim’s in-court identification of the defendant as her assailant.…