People v. Neverett

Judgment unanimously affirmed. Memorandum: The court properly determined that, although the victim’s identification of defendant at a station-house showup was unreliable (see, People v Riley, 70 NY2d 523 ), the victim had an independent basis to support his in-court identification at trial (see, People v Ballott, 20 NY2d 600 ; People v Turner [appeal No. 1], 154 AD2d 885 ). The proof was sufficient to support defendant’s conviction of attempted first degree robbery based on defendant’s use or threatened use of a dangerous instrument (see, Penal Law §§110.00,160.15 [3]). The victim testified that defendant threatened him and struck him in the face with what appeared to be a gun (see, People v McGowan, 160 AD2d 896 ; People v Smith, 142 AD2d 619 , Iv denied 73 NY2d 860 ). We have reviewed defendant’s remaining arguments and find them to be either unpreserved or without merit. (Appeal from Judgment of Steuben County Court, Finnerty, J. — Attempted Robbery, 1st Degree.) Present —Denman, P. J., Green, Pine, Balio and Fallon, JJ.