People v Garcia, 42 NY3d at 1077 (2024)

2024 NY Slip Op 06236 [42 NY3d 1077]
December 12, 2024
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Kenneth Garcia, Appellant.

Argued November 20, 2024; decided December 12, 2024

People v Garcia, 210 AD3d 906, affirmed.

{**42 NY3d at 1077} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s argument that the showup identification procedure was unduly suggestive because of its collective nature—defendant was presented for identification alongside his two codefendants—and, specifically, that the strength of the victim’s identification as to one of the codefendants infected the identification of defendant is unpreserved (see CPL 470.05 [2]; cf. People v Cedeno, 27 NY3d 110, 123 n 3 [2016]). Defendant’s remaining arguments lack merit.

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.

Order affirmed, in a memorandum.