Opinion
06-29-2017
The PEOPLE & c., Respondent, v. Andrew SMART, Appellant.
Lynn W.L. Fahey, Appellate Advocates, New York City (David P. Greenberg of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn (Jill Oziemblewski of counsel), for respondent.
Lynn W.L. Fahey, Appellate Advocates, New York City (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn (Jill Oziemblewski of counsel), for respondent.
MEMORANDUM:The order of the Appellate Division should be affirmed. The record supports the Appellate Division's finding that the challenged lineup was not unduly suggestive. Accordingly, defendant's claim is beyond our further review ( People v. McBride, 14 N.Y.3d 440, 448, 902 N.Y.S.2d 830, 928 N.E.2d 1027 [2010] [citation omitted] ).
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur. Judge FEINMAN took no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, in a memorandum.