Opinion
Argued April 11, 2000.
May 22, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered April 14, 1997, convicting him of robbery in the first 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.
White Case, LLP, New York, N.Y. (Nathan C. Thomas of counsel), and M. Sue Wycoff, New York, N.Y., for appellant (one brief filed).
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Michael Gore, and Nicholas P. Crowell of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the lineup procedure was not unduly suggestive (see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; People v. Gelzer, 224 A.D.2d 443).
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 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
BRACKEN, J.P., SULLIVAN, ALTMAN and McGINITY, JJ., concur.