Opinion
Submitted February 22, 2000
March 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered May 6, 1998, convicting him of criminal possession of a weapon in the third 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.
William L. Ostar, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, THOMAS R. SULLIVAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the showup identification procedure employed here was unnecessary under the circumstances of this case (see, CPL 470.05[2]; People v. Douglas, 254 A.D.2d 367 ). In any event, the showup procedure was proper (see, Matter of David B., 244 A.D.2d 405 ; People v. Rodney, 237 A.D.2d 541 ;People v. Yearwood, 197 A.D.2d 554 ).
The defendant's remaining contention is without merit.
O'BRIEN, J.P., RITTER, SULLIVAN, and SMITH, JJ., concur.