People v. Ayala

Judgment unanimously affirmed. Memorandum: The suppression court found that the photographic and lineup procedures employed by the police were not improperly suggestive and that the witnesses had an independent basis for their identification testimony. Those conclusions are supported by the record and thus defendant’s Wade motion was properly denied. (Appeal from judgment of Erie County Court, McCarthy, J.—robbery, first degree.) Present—Callahan, J. P., Denman, Green, Pine and Balio, JJ.