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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISHAWN PITTS, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress identification testimony. With regard to the lineup conducted on February 25, 2000, upon our examination of the lineup photograph, we agree with the hearing court that this lineup was not unduly suggestive ( see People v Chipp, 75 NY2d 327, 336, cert denied 498 US 833; People v Richards, 2 AD3d 883). Moreover, as to the lineup conducted on August 16, 2000, although the photograph provided to this Court does not accurately depict that lineup, the other testimony and evidence in the record demonstrate that the procedures utilized were not impermissibly suggestive ( see People v Brennan, 222 AD2d 445).

The defendant's remaining contentions are without merit.

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PEOPLE v. PITTS
(Dec 26, 2007)