Opinion
Submitted January 11, 2000.
July 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered March 5, 1998, convicting him of 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.
Cristina D'Amato Arvoy, White Plains, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Florence M. Sullivan of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress identification testimony (see, People v. Clemons, 166 A.D.2d 363).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 66 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).