Opinion
2001-04378
Argued October 25, 2002.
November 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered May 2, 2001, convicting him of criminal sale of a controlled substance in the third degree, assault in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Demakos, J.H.O.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano of counsel; Jennifer Hagan on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 of assault in the second degree (see Penal Law § 120.05) beyond a reasonable doubt.
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and SCHMIDT, JJ., concur.