People v. Parente

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered November 10,1982, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The People proved defendant’s guilt beyond a reasonable doubt and excluded to a moral certainty every reasonable hypothesis other than guilt. The photograph of defendant provided to the police by the complainant was not properly the subject of a suppression motion because its production and the identification were not the result of a police-initiated identification procedure, but rather were the fruits of the independent activities of private citizens (People v Logan, 25 NY2d 184 , 194; see, also, People v Laguer, 58 AD2d 610 ). In any event, there was more than an adequate independent basis upon which the eyewitness made the lineup identification. Mollen, P. J., Mangano, O’Connor and Lawrence, JJ., concur.