People v. Burts

Judgment unanimously affirmed. Memorandum: The evidence supports the court’s finding, following the remittal hearing (see, People v Burts, 156 AD2d 1010), that Paula Toms’ in-court identification of defendant was based upon a source independent of any taint from a suggestive photo array. At the time of the crime Ms. Toms viewed defendant for several minutes, face to face, from a short distance. It was a sunny day and nothing obstructed her view. Since Toms’ testimony was sufficient to support defendant’s convictions we need not decide whether the identification testimony at trial of Mr.…