Opinion
October 26, 2000.
Judgment, Supreme Court, Bronx County (Michael Gross, J. at hearing; Martin Marcus, J. at plea and sentence), rendered July 15, 1999, convicting defendant of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 years, unanimously affirmed.
Mary B. McGarvey-Depuy, for respondent.
Abigail Everett, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Ellerin, Lerner, Friedman, JJ.
Defendant's motion to suppress identification testimony was properly denied. Defendant's present arguments are unpreserved for appellate review because he raised completely different arguments before the hearing court, and we decline to review them in the interest of justice. Were we to review these claims, we would find that the spontaneous identification resulting from the viewing of defendant in a cell at Rikers Island by one of the victims, a fellow-inmate, was not subject to suppression in that it was not arranged for the purpose of obtaining an identification and was not, in any event, unduly suggestive (see, People v. Dixon, 85 N.Y.2d 218; People v. Nimmons, 177 A.D.2d 444, lv denied 79 N.Y.2d 922).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.