PEOPLE v. DIAZ

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that a prearrest photographic identification by an eyewitness was improper simply because a physical lineup, the preferred procedure, was not employed (see, People v Garcia, 115 A.D.2d 617 ). The record does not establish that the photographic identification procedure utilized was in any way suggestive.

We have reviewed defendant's other claims and find them to be without merit. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.