Opinion
2002-11005.
Decided June 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered November 20, 2002, convicting him of robbery in the first degree (eight counts), attempted robbery in the first degree, robbery in the second degree, and burglary in the second 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.
Stephen J. Pittari, White Plain, N.Y. (Jacqueline F. Oliva of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Ofer Raban and Richard Longworth Hecht of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
That branch of the defendant's omnibus motion which was to suppress identification testimony motion was properly denied. Upon our review of the photographic array, we agree with the hearing court's finding that the difference between the defendant's hairstyle and the hairstyles of the fillers was insignificant and did not call undue attention to the defendant ( see People v. Chipp, 75 N.Y.2d 327; People v. Saunders, 306 A.D.2d 502; People v. Wright, 297 A.D.2d 391).
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.20).
The defendant's remaining contentions are without merit.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.