Opinion
May 26, 1987
Appeal from the County Court, Nassau County (Winick, J.).
Ordered that the judgments are affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the complainant's in-court identification, as no evidence was introduced that the photographic identification procedure utilized by the police was in any way suggestive. Further, the People established with reasonable certainty that the "photo pack" introduced into evidence was the one which was viewed by the witnesses to the incident and had not been altered; thus, any deficiencies in the chain of custody went to the weight rather than to the admissibility of the evidence (see, People v Julian, 41 N.Y.2d 340; People v. Capers, 105 A.D.2d 842).
We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.