People v. Bell

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress identification testimony. The People met their initial burden "of establishing the reasonable-

*814ness of the police conduct and lack of undue suggestiveness of the photo array, and defendant failed to meet his “ultimate burden of proving that the procedure was unduly suggestive” (People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833). Because defendant failed to assert the affirmative defense that the weapon displayed was not loaded or capable of firing (see, Penal Law § 160.15 [4]), the…