Opinion
February 8, 1971
The appeals are from (1) two judgments of the Supreme Court, Kings County, both rendered July 8, 1969 (one as to each appellant in the first two above-entitled matters), convicting them of robbery in the second degree, upon a jury verdict, and imposing sentence, and (2) a third judgment of the same court (in the third above-entitled matter), dated March 25, 1969, which dismissed a writ of habeas corpus. Judgments rendered July 8, 1969 affirmed. Judgment dated March 25, 1969 affirmed, without costs. In our opinion, appellants' motion to be furnished with a transcript of the minutes of the identification hearing, made for the first time just prior to the trial, was untimely and was properly denied ( People v. Montgomery, 18 N.Y.2d 993, 994-995; cf. People v. Zabrocky, 26 N.Y.2d 530, 536-537). We have examined the other issues raised by appellants and find them to be without merit. Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.