People v. Herndon

Case held, decision reserved and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a forged instrument in the second degree (two counts), grand larceny in the third degree, and attempted grand larceny in the third degree. On appeal, defendant contends, inter alia, that the identification testimony should have been suppressed as the product of an unnecessarily suggestive photo array procedure. Defendant contends that the men depicted in the…