People v. Essig (151 A.D.2d 1017, 1989)

Judgment unanimously affirmed. Memorandum: We conclude from our review of the record that the suppression court correctly found that the pretrial photographic identification procedures used by the police were not impermissibly suggestive (see, Simmons v United States, 390 US 377, 384-386). (Appeal from judgment of Supreme Court, Monroe County, Bergin, J. — rape, first degree.) Present —Dillon, P. J., Callahan, Doerr, Boomer and Lawton, JJ.