State v. Hussey, 194 N.C. App. 516 (Dec. 16, 2008)

An armed robbery victim’s identification of the defendant in the courtroom did not violate due process. When contacted prior to trial for a photo lineup, the victim had refused to view the pictures. The victim saw the defendant for the first time since the robbery at issue when the victim saw him sitting in the courtroom immediately prior to trial. This identification, without law enforcement involvement or suggestion, was not impermissibly suggestive.