Defendant was charged with attempted murder in the second degree, criminal possession of a weapon in the second degree and other related offenses. Defendant while driving his vehicle on the Long Island Expressway, shot at the complainant, an off-duty police officer, striking his vehicle.

Defendant was identified in video footage taken before and after the shooting by a witness who was familiar with the defendant. The defendant moved to suppress the identification, alleging the procedure was suggestive.