People v Smart, 29 NY3d 1098 (2017)

2017 NY Slip Op 05269 [29 NY3d 1098]
June 29, 2017
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Andrew Smart, Appellant.

Decided June 29, 2017

People v Smart, 142 AD3d 513, affirmed.

{**29 NY3d at 1099} OPINION OF THE COURT

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.