Opinion
October 6, 1989
Appeal from the Monroe County Court, Mark, J.
Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contention that the court erred in denying his motion to suppress identification testimony is lacking in merit. Although evidence of the station house showup should have been suppressed (see, People v Riley, 70 N.Y.2d 523, 530; People v Straughter, 152 A.D.2d 919), the suppression court properly found that there was an independent source for the identification because the witness, who was suspicious of defendant, was able to observe him carefully for 15 to 20 minutes prior to the crime (see, Manson v Brathwaite, 432 U.S. 98, 110; People v Riley, supra, at 531; People v Straughter, supra; People v Graham, 67 A.D.2d 172, 177).
It was error to permit the Assistant District Attorney to give rebuttal testimony offered solely to impeach defendant's witness regarding a collateral matter (see, People v Schwartzman, 24 N.Y.2d 241, 245, cert denied 396 U.S. 846; cf., People v Hudy, 73 N.Y.2d 40, 56), but we deem the error harmless in view of the overwhelming proof of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).