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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL ACOSTA, Appellant.

The police detective's lineup identification of defendant was not tainted by her previous identification of a photograph of defendant taped on a blackboard in the room where she was assigned to work, since the photograph had not been presented to her for the purpose of identifying defendant as the perpetrator of a crime (see, People v Gissendanner, 48 N.Y.2d 543, 552). Rather, the detective's identification of defendant's photograph was a spontaneous recognition of a man she had observed participating in an undercover drug purchase only days before. Such chance viewings are not the product of any suggestive or improper police conduct (see, People v Casanova, 124 A.D.2d 813).

Concur — Milonas, J.P., Rosenberger, Kupferman, Ross and Smith, JJ.

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PEOPLE v. ACOSTA
(Mar 24, 1992)