Opinion
Argued April 26, 2001
May 21, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered October 28, 1999, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Thomas A. Tormey of counsel), for respondent.
Before: WILLIAM D. FRIEDMANN, J.P., GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN and STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The defendant's contentions with respect to the admissibility of the identification testimony are either unpreserved for appellate review or without merit (see, CPL 470.05; People v. Hunte, 276 A.D.2d 717; People v. Wimbush, 210 A.D.2d 517; People v. Livieri, 171 A.D.2d 815).
Under the circumstances, the trial court providently exercised its discretion in refusing to allow the defendant to file an untimely notice of alibi (see, People v. Wade, 277 A.D.2d 475; People v. Caputo, 175 A.D.2d 290).
FRIEDMANN, J.P., GOLDSTEIN, FEUERSTEIN and CRANE, JJ., concur.