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PEOPLE v. MAFFEI
Appellate Division of the Supreme Court of New York, Second Department.
Dec 6, 2004
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Ordered that the judgment is affirmed.
Contrary to the defendant's assertion, neither the photo array that the victims were shown, nor the lineup that they viewed, was unduly suggestive ( see People v. Wright, 297 AD2d 391; People v. Brock, 293 AD2d 294; People v. Ortiz, 273 AD2d 482; People v. Keller, 242 AD2d 735). Accordingly, the hearing court correctly refused to suppress the victims' identification testimony.
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15; People v. Steed, 219 AD2d 689).
The defendant's remaining contentions either are unpreserved for appellate review ( see CPL 470.05) or without merit.
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