Opinion
July 7, 1986
Appeal from the County Court, Nassau County (Collins, J.).
Judgment affirmed.
There is sufficient evidence in the record to support the suppression court's finding that neither the photographic array viewed by the complainant on August 28, 1982, nor the lineup conducted at the Nassau County Police Department in Mineola on December 17, 1982, was impermissibly suggestive or conducive to irreparable misidentification (see, Stovall v Denno, 388 U.S. 293, 301-302). Even assuming, arguendo, that the photographic procedure was unduly suggestive, the lineup identification, which was made approximately four months after the photographic procedure, was sufficiently attenuated and was not itself suggestive (see, People v Ruffino, 110 A.D.2d 198, 201; People v Johnson, 106 A.D.2d 469). Since we find that the pretrial procedures were not the product of any police impropriety likely to have caused the complainant to misidentify the defendant as the perpetrator of the robbery, we need not address the issue of whether the People established by clear and convincing proof that an independent source existed for the complainant to make an in-court identification of the defendant (see, People v Wright, 112 A.D.2d 179; People v Jackson, 108 A.D.2d 757, 758). Thompson, J.P., Rubin, Eiber and Spatt, JJ., concur.