Petitioner Lonnie S. Sales, convicted of first degree robbery in New York State court, appeals from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, denying his application for a writ of habeas corpus. On appeal, Sales primarily contends that the state trial judge erred in denying his motion to suppress identification testimony, that the trial judge improperly instructed the jury regarding the identification testimony, and that the prosecutor made improper remarks during summation. Petitioner claims that each of these errors deprived him of due process of law guaranteed by the Fourteenth Amendment. For the reasons stated below, we find that the motion to suppress was properly denied since the challenged identification testimony was sufficiently reliable and we further find that the prosecutor's closing argument did not deprive Sales of a fair trial. As to the petitioner's challenge to the judge's charge to the jury, we rule that a portion of the trial judge's instructions impermissibly took from the jury's consideration a factual issue concerning the reliability of the identification testimony. We find, however, that this error was harmless beyond a reasonable doubt and accordingly we affirm. I.