Opinion
October 1, 1999
Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Robbery, 1st Degree.
Judgment unanimously affirmed.
Memorandum:
The contention of defendant that Supreme Court erred in denying his motion to suppress the out-of-court identification because the photograph of him was obtained in violation of 20 U.S.C. § 1232g (b) is unpreserved for our review (see, CPL 470.05). Assuming, arguendo, that the statute was violated, we conclude that the "violation did not infringe upon any constitutional right of the defendant sufficient to warrant invocation of the exclusionary rule" (People v. Patterson, 78 N.Y.2d 711, 714). The sentence is neither unduly harsh nor severe.
PRESENT: GREEN, J. P., HAYES, PIGOTT, JR., AND SCUDDER, JJ.