People v. Davis

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law §§ 20.00, 140.25 [2]) and grand larceny in the fourth degree (Penal Law §§ 20.00, 155.30 [1]). We reject defendant’s contention that the pretrial identification of defendant by a prosecution witness should have been suppressed and that the witness’s subsequent in-court identification should not have been permitted. The witness identified defendant in a photo array, two subsequent lineups and at trial, based upon her having seen…