People v. Nicholson

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of Monroe County Court convicting him upon a jury verdict of murder in the second degree, for which he was sentenced to an indeterminate term of imprisonment of 25 years to life. Defendant contends that the court erred, following a hearing pursuant to People v Rodriguez (79 NY2d 445), in denying defendant’s motion to suppress identification testimony; that defendant was deprived of a fair trial as the result of an outburst by a prosecution witness and a courtroom spectator; that the verdict is not supported by…