People v. Lathrop

Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to assault in the first degree, arising out of an incident in which he shot a man following an argument. He contends that County Court erred in denying his motion to suppress identification testimony that was the unattenuated by-product of two unduly suggestive identification procedures.

The record supports the suppression court’s determination that the identification of defendant by one witness from a single photograph was confirmatory in nature. The witness testified that he had known a person nicknamed “Bunnie” for a year,…