Opinion
Submitted June 16, 2000
August 21, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered April 25, 1997, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of stolen property in the fifth degree, and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (McGann, J.), of those branches of the defendant's omnibus motion which were to suppress identification testimony and physical evidence.
Judah Maltz, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt and Margaret A. Helen Macfarlane of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The stop of the vehicle occupied by the defendant in temporal and physical proximity to the crime was proper. The vehicle matched the victims' description of the getaway vehicle and a passenger matched the description of one of the robbers (see, People v. Torres, 262 A.D.2d 161; People v. Ryan, 224 A.D.2d 644). The police also observed traffic violations in connection with the subject vehicle (see, People v. King, 266 A.D.2d 239; People v. Ortiz, 265 A.D.2d 579; People v. Henry, 258 A.D.2d 473; People v. McCoy, 239 A.D.2d 437, 439; People v. Edwards, 222 A.D.2d 603).
The defendant's contention that the People failed to disprove his alibi defense beyond a reasonable doubt is not preserved for appellate review (see, CPL 470.05 People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245), and, in any event, is without merit.