People v. Patterson

OPINION OF THE COURT

Alexander, J.

On this appeal we consider the question of whether suppression of in-court identification testimony is required where there has been a violation of CPL 160.50, to wit: the failure to return defendant’s photograph taken in connection with an unrelated charge which was dismissed and the file ordered sealed, and the subsequent use of that photograph in an identification procedure in relation to defendant’s prosecution in the instant proceeding. We conclude that suppression is not required.

On April 2, 1986, upon viewing a photographic array containing a photograph…