People v. McCullough

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of two counts of murder in the second degree (Penal Law §§ 20.00, 125.25 [1], [3]) and three counts of robbery in the first degree (Penal Law §§20.00, 160.15 [1], [2], [4]). We reject defendant’s contention that County Court erred in permitting three eyewitnesses to identify defendant at trial. One witness participated in a pretrial identification procedure consisting of a photo array. “[T]he viewer’s attention is not drawn to defendant’s photo in such a way as to indicate that the police were urging a…