People v. McCloud
913 N.Y.S.2d 584
N.Y. App. Div.
2010
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v GREGORY NEDD, Appellant

Appellate Division of the Supreme Court of New York, Second Department

913 NYS2d 564

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gavrin, J.), rendered April 24, 2009, convicting him of robbery in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Grosso, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly determined that the pretrial identification procedures employed in this case were not unduly suggestive. The Supreme Court properly determined that the passage of approximately two months between the display of photographs to the complainant and her identification of the defendant at the lineup attenuated any possible taint of suggestiveness (see

,