Opinion
January 7, 1999.
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
The court properly exercised its discretion in denying the defense challenges for cause at issue, since the court had the opportunity to witness the venirepersons and their responses and since the totality of those responses ( People v. Middleton, 220 A.D.2d 202, lv denied 87 N.Y.2d 848) established that the prospective jurors would be able to remain impartial.
The court properly denied defendant's motion to suppress identification testimony, since the precinct lineup was not unduly suggestive. The clothing worn by defendant at the lineup, and allegedly matching the description given by a witness, was not so distinctive as to be capable of influencing the identification.
We perceive no abuse of sentencing discretion.
Concur — Nardelli, J.P., Williams, Wallach and Rubin, JJ.