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

Ordered that the judgment is affirmed.

Initially, we reject the defendant's contention that the photographic array and lineup from which the defendant was identified were unduly suggestive (see, People v. Prochilo, 41 N.Y.2d 759; People v. Wong, 133 A.D.2d 184).

We also find that, upon the exercise of our factual review power, the defendant's guilt was proven beyond a reasonable doubt and the verdict was not against the weight of the evidence (see, CPL 470.15). The jury was entitled to give great weight to the testimony of the complaining witnesses and to reject that of the defendant and his alibi witnesses (see, People v. McCrimmon, 131 A.D.2d 598).

Although the court improperly permitted testimony about the identification of other perpetrators who were not on trial with the defendant, given the strength of the eyewitness identifications, the error must be deemed harmless (see, People v. Monroe, 40 N.Y.2d 1096).

We have considered the defendant's other contentions and find them to be unpreserved or without merit. Thompson, J.P., Weinstein, Rubin and Harwood, JJ., concur.

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PEOPLE v. GARCIA
(Oct 13, 1987)