Majority
p. 937The People of the State of New York, Respondent, v Frederick Earl Walker, Appellant.
— Judgment unanimously affirmed. Memorandum: We agree with the hearing court that the complainant had ample opportunity to observe the defendant and thus had an independent basis for his identification, untainted by any suggestive identification at a showup (see, People v Ramos, 42 NY2d 834 ; People v Koberstein, 103 AD2d 1021 , affd 66 NY2d 989 ). (Appeal from judgment of Monroe County Court, Celli, J. — robbery, second degree.) Present— Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.
Cases cited
- People v. Ramos 42 NY2d 834 p. 937
- People v. Koberstein 66 NY2d 989 p. 937