Majority
p. 864The People of the State of New York, Respondent, v Harry Herring, Appellant.
Judgment unanimously affirmed. Memorandum: We agree with the suppression court that the array of photographs shown to the prosecution witness was not suggestive and that the portions of the tape recording offered into evidence were audible. (Appeal from judgment of Ontario County Court, Reed, J.—criminal sale of controlled substance, third degree.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.