Opinion
May 8, 1995
Appeal from the Supreme Court, Kings County (Rivera, J.).
Ordered that the judgment is affirmed.
We agree with the hearing court that the police were justified in stopping the defendant and detaining him until the arrival of the victim, who then identified the defendant as one of the men who had robbed him (see, People v Hicks, 68 N.Y.2d 234). Since the victim's "unequivocal on-the-scene identification of the defendant" provided probable cause for the arrest, the search incidental to the arrest was proper (see, People v Williams, 150 A.D.2d 410; People v White, 117 A.D.2d 127).
We also find that the trial court properly denied the defendant's request to charge the affirmative defense to robbery in the first degree provided by Penal Law § 160.15. There was no proof, by a preponderance of the evidence, to warrant such a charge (see, People v Gilliard, 72 N.Y.2d 877).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Miller, J.P., Pizzuto, Joy and Krausman, JJ., concur.