—Appeal from a judgment of Ontario County Court (Henry, Jr., J.), entered May 23, 2001, convicting defendant upon his plea of guilty of, inter alia, burglary in the first degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30 [2]), burglary in the second degree (§ 140.25 [2]) and assault in the second degree (§ 120.05 [6]). Defendant contends that County Court erred in determining that a witness who had identified defendant in an unduly suggestive showup procedure had an independent basis for his in-court identification of defendant. We disagree (see People v