Opinion
1999-09920
Submitted March 11, 2002.
April 1, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered September 28, 1999, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Steven D. Kommer, Garden City, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.
ORDERED that the judgment is affirmed.
The record of the Rodriguez hearing (see People v. Rodriguez, 79 N.Y.2d 445), supports the hearing court's determination that the jewelry store worker who purchased jewelry from the defendant on several occasions was sufficiently familiar with him that her identification of him from a photograph was merely confirmatory (see People v. Rodriguez, supra; People v. Gissendanner, 48 N.Y.2d 543; People v. Simmons, 247 A.D.2d 494; People v. Ortega, 237 A.D.2d 108).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
SMITH, J.P., GOLDSTEIN, FRIEDMANN and McGINITY, JJ., concur.