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People v. Ralston

224 A.D.2d 1035 Court N.Y. App. Div. Decision date 1996-02-02 English

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p. 1035
The People of the State of New York, Respondent, v Joseph Ralston, Appellant.
[638 NYS2d 383]

—Judgment unanimously affirmed. Memorandum: From our review of the record, we conclude that there is no evidence to support defendant’s contention that the photographic identification procedures were impermissibly suggestive (see, People v Byrd, 183 AD2d 773 , lv denied 80 NY2d 902 ). Furthermore, the record at the Wade hearing establishes that each of the victims had an independent source for an in-court identification (see, People v Ballott, 20 NY2d 600 , 606-607). (Appeal from Judgment of Supreme Court, Erie County, Rath, Jr., J. — Scheme to Defraud, 2nd Degree.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.

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