Opinion
February 23, 1987
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Justice Eiber has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).
Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's claim that his motion to suppress identification testimony was improperly denied was specifically raised and implicitly rejected on his prior appeal, which resulted in the granting of a new trial on another ground (People v. Perrino, 96 A.D.2d 952).
We have considered the defendant's remaining contentions and find them without merit. Brown, J.P., Lawrence, Weinstein and Eiber, JJ., concur.