Opinion
2832.
Decided February 10, 2004.
Judgment, Supreme Court, New York County (Micki Scherer, J. on suppression motion; Ronald Zweibel, J. at plea and sentence), rendered October 4, 2002, convicting defendant of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed.
Jennifer Chung, for Respondent.
Michael J.Z. Mannheimer, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Friedman, JJ.
The court properly denied defendant's motion to suppress identification testimony. The record supports the determinations made by a judicial hearing officer and adopted by the court. The circumstances of this prompt, on-the-scene showup identification were sufficiently established through the testimony of a police officer who stated that the victim, through an interpreter, identified defendant ( see People v. You, 270 A.D.2d 6, lv denied 95 N.Y.2d 793; People v. Delances, 262 A.D.2d 249, 250, lv denied 93 N.Y.2d 1044), and it was not necessary for the victim to testify at the hearing ( see Delances, supra). Defendant's argument that the interpreter, who witnessed the crime, may have influenced the victim, is speculative ( see People v. Truesdale, 299 A.D.2d 289, lv denied 99 N.Y.2d 659) and does not satisfy defendant's burden of proving that the showup was unduly suggestive ( see People v. Ortiz, 90 N.Y.2d 533, 537).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.