Opinion
April 24, 1992
Appeal from the Steuben County Court, Finnerty, J.
Present — Denman, P.J., Green, Pine, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: The court properly determined that, although the victim's identification of defendant at a stationhouse showup was unreliable (see, People v Riley, 70 N.Y.2d 523), the victim had an independent basis to support his in-court identification at trial (see, People v Ballott, 20 N.Y.2d 600; People v Turner [appeal No. 1], 154 A.D.2d 885). The proof was sufficient to support defendant's conviction of attempted first degree robbery based on defendant's use or threatened use of a dangerous instrument (see, Penal Law § 110.00, 160.15 Penal [3]). The victim testified that defendant threatened him and struck him in the face with what appeared to be a gun (see, People v McGowan, 160 A.D.2d 896; People v Smith, 142 A.D.2d 619, lv denied 73 N.Y.2d 860). We have reviewed defendant's remaining arguments and find them to be either unpreserved or without merit.