| People v Smart |
| 2017 NY Slip Op 05269 [29 NY3d 1098] |
| June 29, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, September 20, 2017 |
| The People of the State of New York, Respondent, v Andrew Smart, Appellant. |
Decided June 29, 2017
People v Smart, 142 AD3d 513, affirmed.
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 NY3d 440, 448 [2010] [citation omitted]).
[*2]Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur; Judge Feinman taking 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.