Opinion
April 26, 2001.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 26, 1998, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.
Annica H. Jin, for Respondent.
Kaelin Akohonae, for Defendant-Appellant.
Before: Rosenberger, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.
Defendant's suppression motion was properly denied. The photograph of the lineup reveals that the fillers were sufficiently similar to defendant and that there was no substantial likelihood that defendant would be singled out (see, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833).
The procedure under which defendant was sentenced as a persistent violent felony offender was not unconstitutional
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.