¶1Judgment 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.
188 A.D.2d 1037
People v. Edwards
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1992
Appellate Division of the Supreme Court of the State of New York · decided 1992-12-30
Decided 1992-12-30