The trial court properly allowed the in-court identification of defendant by a store clerk, notwithstanding her inability on two prior occasions to pick his picture out of a photo array. The prior inability to identify defendant related to the weight, and not admissibility, of the identification (see, People v. Cruz, 167 A.D.2d 306, lv denied 77 N.Y.2d 959). The photo array and lineup procedures were not unduly suggestive, the fill-ins having been of similar height, weight and facial characteristics as defendant (see, People v. Gonzalez, 173 A.D.2d 48, 56, lv denied 79 N.Y.2d 1001). The records shows that defendant waived his right to be present during the read-back of testimony during jury deliberations. We have considered defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Tom, JJ.