Commonwealth v. Lynes

The defendant has failed to sustain his burden of demonstrating that the pretrial procedures identifying the defendant as one of the robbers were suggestive. See Commonwealth v. Schlieff, 5 Mass. App. Ct. 665, 670 (1977); Commonwealth v. Chase, 372 Mass. 736, 745 (1977). The trial judge could have found that the selection of the defendant’s photograph by one of the victims from an array of eight or ten photographs was free of suggestion on the part of the police. The fact that no more than seven or ten photographs were used did not render the procedure suggestive. See Commonwealth v. Gilday,…