Majority
p. 1037The People of the State of New York, Respondent, v Gene Charles Edwards, Appellant.
Judgment unanimously affirmed. Memorandum: The court properly found that the photo array was not impermissibly suggestive (cf., People v Hall, 81 AD2d 644 ; People v Tindal, 69 AD2d 58 ). In any event, there was an independent basis for the victim’s in-court identification (see, People v Perez, 74 NY2d 637 ). Defendant’s remaining arguments on appeal are unpreserved and we decline to reach them in the interest of justice. (Appeal from Judgment of Ontario County Court, Reed, J. — Rape, 1st Degree.) Present — Callahan, J. P., Pine, Lawton, Boehm and Davis, JJ.
Cases cited
- People v. Hall 81 AD2d 644 p. 1037
- People v. Tindal 69 AD2d 58 p. 1037
- People v. Perez 74 NY2d 637 p. 1037